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University  of  California  •  Berkeley 
In  Memory  of 

RUDOLPH  H.    SCHILLING 


A  7  J- 


THE 


UNION  PACIFIC  RAILROAD. 


ACTS  OF  CONGRESS  RELATING  THERETO, 
AND  AMENDMENTS  ; 

BY-LAWS  OF  THE  COMPANY: 


AND  MORTGAGES  EXECUTED  FOR  THE  SECURITY  OF 

THE  FIRST  MORTGAGE,  LAND  GRANT,  INCOME, 

BRIDGE,  AND  SINKING  FUND  BONDS. 


BOSTON: 
PRINTED    FOll    THE    COMPANY. 

1874. 


PACIFIC  EAILKOAD  ACTS. 


-E 


1CT  OF  1862, 


AN  ACT  TO  AID  IN  THE  CONSTRUCTION  OF  A  RAIL- 
ROAD AND  TELEGRAPH  LINE  FROM  THE  MISSOURI 
RIVER  TO  THE  PACIFIC  OCEAN,  AND  TO  SECURE 
TO  THE  GOVERNMENT  THE  USE  OF  THE  SAME 
FOR  POSTAL,  MILITARY,  AND  OTHER  PURPOSES, 
APPROVED  JULY  1,  1862. 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  United  States  of  America  in  Con- 
gress assembled,  That  Walter  S.  Burgess,  Wil- 
liam P.  Blodgett,  Benjamin  H.  Cheever,  Charles 
Fosdick  Fletcher,  of  Rhode  Island ;  Augustus 
Brewster,  Henry  P.  Haven,  Cornelius  S.  Bushnell, 
Henry  Hammond,  of  Connecticut ;  Isaac  Sherman, 
Dean  Richmond,  Royal  Phelps,  William  H.  Ferry, 
Henry  A.  Paddock,  Lewis  J.  StanclifF,  Charles  A. 
Secor,  Samuel  R.  Campbell,  Alfred  E.  Tilton, 
John  Anderson,  Azariah  Boody,  John  S.  Kennedy, 
H.  Carver,  Joseph  Field,  Benjamin  F.  Camp,  Or- 
ville  W.  Childs,  Alexander  J.  Bergen,  Ben.  Holli- 
day,  D.  N.  Barney,  S.  DeWitt  Bloodgood,  William 
H.  Grant,  Thos.  W.  Olcott,  Samuel  B.  Ruggles, 
James  B.  Wilson,  of  New  York ;  Ephraim  Marsh, 
Charles  M.  Harker,  of  New  Jersey ;  John  Edgar 
Thomson,  Benjamin  Haywood,  Joseph  H.  Scran- 
ton,  Joseph  Harrison,  George  W.  Cass,  John  H. 
Bryant,  Daniel  J.  Morrell,  Thomas  M.  Howe,  Wil- 
liam F.  Johnson,  Robert  Finney,  John  A.  Green, 


E.  R.  Myre,  Charles  F.  Wells,  Jr.,  of  Pennsyl- 
vania ;  Noah  L.  Wilson,  Araasa  Stone,  William  H. 
Clement,  S.  S.  L'Hommedieu,  John  Brough,  Wil- 
liam Dennison,  Jacob  Blickinsderfer,  of  Ohio  ;  Wil- 
liam M.  McPherson,  R.  W.  Wells,  Willard  P.  Hall, 
Armstrong  Beattj^  John  Corby,  of  Missouri ;  S.  J. 
Hensley,  Peter  Donahue,  C.  P.  Huntington,  T.  D. 
Judah,  James  Bailey,  James  T.  Ryan,  Charles 
Hosmer,  Charles  Marsh,  D.  0.  Mills,  Samuel  Bell, 
Louis  McLane,  George  W.  Mowe,  Charles  Mc- 
Laughlin, Timothy  Dame,  John  R.  Robinson,  of 
California  ;  John  Atchison  and  John  D.  Winters, 
of  the  territory  of  Nevada ;  John  D.  Campbell, 
R.  N.  Rice,  Charles  A.  Trowbridge,  and  Ransom 
Gardner,  Charles  W.  Penny,  Charles  T.  Gorharm 
William  McConnell,  of  Michigan;  William  F. 
Coolbaugh,  Lucius  H.  Langworthy,  Hugh  T.  Reid, 
Hoyt  Sherman,  Lyman  Cook,  Samuel  R.  Curtis, 
Lewis  A.  Thomas,  Piatt  Smith,  of  Iowa ;  William 
B.  Ogden,  Charles  G.  Hammond,  Henry  Farnum, 
Amos  C.  Babcock,  W.  Seldon  Gale,  Nehemiah 
Bushnell,  and  Lorenzo  Bull,  of  Illinois ;  William 
H.  Swift,  Samuel  T.  Dana,  John  Bertram,  Franklin 
S.  Stevens,  Edward  R.  Tinker,  of  Massachusetts ; 
Franklin  Gorin,  Laban  J.  Bradford,  and  John  T. 
Levis,  of  Kentucky ;  James  Dunning,  John  M. 
Wood,  Edwin  Noyes,  Joseph  Eaton,  of  Maine ; 
Henry  H.  Baxter,  George  W.  Collamer,  Henry 
Keyes,  Thomas  H.  Canfield,  of  Vermont ;  William 
S.  Ladd,  A.  M.  Berry,  Benjamin  F.  Harding,  of 
Oregon;  William  Bunn,  Jr.,  John  Catlin,  Levi 
Sterling,  John  Thompson,  Elihu  L.  Phillips,  Walter 
D.  Mclndoe,  T.  B.  Stoddard,  E.  H.  Brodhead,  A. 
H.  Virgin,  of  Wisconsin ;  Charles  Paine,  Thomas 
A.  Morris,  David  C.  Branham,  Samuel  Hanna, 
Jonas  Votaw,  Jesse  L.  Williams,  Isaac  C.  Elston, 
of  Indiana ;  Thomas  Swan,  Chauncey  Brooks, 
Edward  Wilkins,  of  Maryland  ;  Francis  R.  E.  Cor- 
nell, David  Blakely,A.  D.  Seward, Henry  A.Swift, 


Dwight  Woodbury,  John  McKusick,  John  E.  Jones, 
of  Minnesota;  Joseph  A.  Gilmore,  Charles  W. 
Woodman,  of  New  Hampshire ;  W.  H.  Grimes, 
J.  C.  Stone,  Chester  Thomas,  John  Kerr,  Werter 
E.  Davis,  Luther  C.  Challis,  Josiah  Miller,  of  Kan- 
sas ;  Gilbert  C.  Monell,  and  Augustus  Kountz,  T. 
M.  Marquette,  William  H.  Taylor,  Alvin  Saunders, 
of  Nebraska ;  John  Evans,  of  Colorado  ;  together 
with  five  commissioners  to  be  appointed  by  the 
secretary  of  the  interior,  and  all  persons  who  shall 
or  may  be  associated  with  them,  and  their  succes- 
sors, are  hereby  created  and  erected  into  a  body 
corporate  and  politic,  in  deed  and  in  law,  by  the 
name,  style,  and  title  of  "The  Union  Pacific  Rail- Name and title- 
road  Company ;"  and  by  that  name  shall  have 
perpetual  succession,  and  shall  be  able  to  sue  and 
to  be  sued,  plead  and  be  impleaded,  defend  and 
be  defended,  in  all  courts  of  law  and  equity 
within  the  United  States,  and  may  make  and 
have  a  common  seal;  and  the  said  corporation 
is  hereby  authorized  and  empowered  to  lay  out, 
locate,  construct,  furnish,  maintain,  and  enjoy  a 
continuous  railroad  and  telegraph,  with  the  ap- 
purtenances, from  a  point  on  the  one  hundredth 
meridian  of  longitude  west  from  Greenwich,  be-Location'&c- 
tween  the  south  margin  of  the  valley  of  the  Repub- 
lican river,  and  the  north  margin  of  the  valley  of 
the  Platte  river,  in  the  territory  of  Nebraska,  to 
the  western  boundary  of  Nevada  territory,  upon 
the  route  and  terms  hereinafter  provided,  and  is 
hereby  vested  with  all  the  powers,  privileges,  and 
immunities  necessary  to  carry  into  effect  the 
purposes  of  this  act  as  herein  set  forth.  The 
capital  stock  of  said  company  shall  consist  of  one  Amt.  and  num. 
hundred  thousand  shares  of  one  thousand  dollars  of1  stock  Vter- 
each,  which  shall  be  subscribed  for  and  held  inicti864.ec' 
not  more  than  two  hundred  shares  by  any  one 
person,  and  shall  be  transferable  in  such  manner 
as  the  by-laws  of  said  corporation  shall  provide. 


The  persons  hereinbefore  named,  together  with 
those  to  be  appointed  by  the  secretary  of  the 
interior,  are  hereby  constituted  and  appointed 
commissioners,  and  such  body  shall  be  called  the 
a  onJ>i^treSd  hand  Board  °f  Commissioners  of  the  Union  Pacific 
}<>  hold  meet- Railroad  and  Telegraph  Company,  and  twenty- 
five  shall  constitute  a  quorum  for  the  transaction 
of  business.  The  first  meeting  of  said  board  shall 
be  held  at  Chicago,  at  such  time  as  the  commis- 
sioners from  Illinois  herein  named  shall  appoint, 
not  more  than  three  nor  less  than  one  month 
after  the  passage  of  this  act,  notice  of  which  shall 
be  given  by  them  to  the  other  commissioners  by 
depositing  a  call  thereof  in  the  post-office  at  Chi- 
cago, post  paid,  to  their  address,  at  least  forty 
days  before  said  meeting,  and  also  by  publishing 
said  notice  in  one  daily  newspaper  in  each  of  the 
cities  of  Chicago  and  St.  Louis.  Said  board  shall 
organize  by  the  choice  from  its  number  of  a  pres- 

Treasurer  to     ident,  secretary,  and  treasurer,  and  thev  shall  re- 
give  bonds,  &c.        .         p  •  i    .  tit  i 

quire  from  said  treasurer  such  bonds  as  may  be 
deemed  proper,  and  may  from  time  to  time  in- 
crease the   amount  thereof   as  they  may  deem 
proper.     It  shall   be   the   duty  of  said  board  of 
Books  to  be     commissioners  to  open  books,  or  cause  books  to 
sec.^Tse'i.^he   opened,  at  such   times  and  in  such  principal 
cities  in  the  United  States  as  they  or  a  quorum 
of  them  shall  determine,  to  receive  subscriptions 
to  the  capital  stock  of  said  corporation,  and   a 
cash  payment  of  ten  per  centum  on  all  subscrip- 
tions, and  to  receipt  therefor.      So  soon  as  two 
thousand  shares  shall  be  in  good  faith  subscribed 
for,  and  ten  dollars  per  share  actually  paid  into 
the  treasury  of  the  company,  the  said  president 
comm'rstocaiiand  secretary  of  said  board  of  commissioners  shall 
stockSoidew.    appoint  a  time  and  place  for  the  first  meeting  of 
the  subscribers  to  the  stock  of  said  company,  and 
shall  give  notice  thereof  in  at  least  one  news- 
paper in  each  state  in  which  subscription  books 


have  been  opened,  at  least  thirty  days  previous 
to  the  day  of  meeting;  and  such  subscribers  as 
shall    attend   the   meeting   so    called,    either   in 
person  or  by  proxy,  shall  then  and  there  elect  by 
ballot  not  less  than  thirteen  directors  for  said  cor-To  elect  direc- 
poration ;  and  in  such  election  each  share  of  said  13,  Act  of  1m. 
capital  shall  entitle   the   owner  thereof  to    one 
vote.     The  president  and  secretary  of  the  board 
of  commissioners  shall  act  as  inspectors  of  said 
election,  and  shall  certify  under  their  hands  the 
names  of  the  directors  elected  at  said  meeting; 
and  the  said  commissioners,  treasurer,  and  secre- 
tary shall  then  deliver  over  to  said  directors  all  Books  and 
the    properties,    subscription    books,   and    other  delivered  to  di- 
books   in    their   possession,   and   thereupon    the 
duties    of    said    commissioners    and   the    officers 
previously   appointed    by    them   shall  cease  and 
determine  forever,  and  thereafter  the  stockholders 
shall  constitute  said  body  politic  and  corporate. 
At  the  time  of  the  first  and  each  triennial  election 
of  directors  by  the  stockholders,  two  additional 
directors  shall  be  appointed  by  the  President  of  two  directors 
the  United  States,  who  shall  act  with  the  body  of  by  the  Pre»i- 
directors,  and  to  be  denominated  directors  on  the 
part  of  the  government.   Any  vacancy  happening  By  Act  of  1864 

±       ,,  °  ,      ,.  ,         r     .  <         rL  ,  °  altered  to  five. 

in  the  government  directors  at  any  time  may  be  see  sec.  in, 
filled  by  the  President  of  the  United  States.  The 
directors  to  be  appointed  by  the  President  shall 
not  be  stockholders  in  the  Union  Pacific  Kail- 
road  Company.  The  directors  so  chosen  shall,  as 
soon  as  may  be  after  their  election,-  elect  from 
their  own  number  a  president  and  vice-president, 
and  shall  also  elect  a  treasurer  and  secretary. 
No  person  shall  be  a  director  in  said  company  un- g^eid^Y 
less  he  shall  be  a  bona  fide  owner  of  at  least  five 
shares  of  stock  in  the  said  company,  except  the 
two  directors  to  be  appointed  by  the  President, 
as    aforesaid.      Said    company,    at   any    regular  company  to 

make  bv-lftws 

meeting  of  the  stockholders  called  for  that  pur- 


6 

pose,  shall  have  power  to  make  by-laws,  rules,  and 
regulations,  as  they  shall  deem  needful  and  proper, 
touching  the  disposition  of  the  stock,  property, 
estate,  and  effects  of  the  company,  not  inconsistent 
herewith,  the  transfer  of  shares,  the  term  of  office, 
duties,  and  conduct  of  their  officers  and  servants, 
and  all  matters  whatsoever  which  may  appertain 
to  the  concerns  of  said  company;  and  the  said 
Directors  to     board  of  directors  shall  have  power  to  appoint 

appoint  ag'ts,  ,  .  tit, 

&c.  such  engineers,  agents,  and  subordinates  as  may 

from  time  to  time  be  necessary  to  carry  into  effect 
the  object  of  this  act,  and  to  do  all  acts  and  things 
touching    the  location  and   construction  of  said 
road  and  telegraph.     Said  directors  may  require 
Directors  to  re- payment   of    subscriptions    to   the  capital   stock 
ofsubscfiptions  after  due  notice,  at  such  times  and  in  such  pro- 
1864. '  portions  as  they  shall  deem  necessary  to  complete 

the  railroad  and  telegraph  within  the  time  in 
this  act  prescribed.  Said  president,  vice-president, 
officers  to  hold  and  directors  shall  hold  their  office  for  three  years, 
altered  by  sec.  and  until  their  successors  are  duly  elected  and 
qualified,  or  for  such  less  time  as  the  by-laws  of 
the  corporation  may  prescribe ;  and  a  majority  of 
said  directors  shall  constitute  a  quorum  for  the 
transaction  of  business.  The  secretary  and  treas- 
urer shall  give  such  bonds,  with  such  security,  as 
the  said  board  shall  from  time  to  time  require,  and 
shall  hold  their  offices  at  the  will  and  pleasure  of 
the  directors.  Annual  meetings  of  the  stock- 
holders of  the  said  corporation,  for  the  choice  of 
officers  (when  they  are  to  be  chosen)  and  for  the 
transaction  of  annual  business,  shall  be  hold  en  at 
such  time  and  place  and  upon  such  notice  as  may 
be  prescribed  in  the  by-laws. 

Sec.  2.  And  be  it  further  enacted,  That  the  right 
gJfnteSf way   °f  way  through  the  public  lands  be,  and  the  same 
is  hereby,  granted  to  said  company  for  the  con- 
struction   of    said    railroad  and    telegraph   line ; 
and   the   right,   power,  and  authority  is  hereby 


given  to  said  company  to  take  from  the  public  see  sec.  3, 1864. 
lands  adjacent  to  the  line  of  said  road,  earth,  stone, 
timber,  and  other  materials  for  the  construction 
thereof:  said  right  of  way  is  granted  to  said  rail- 
road to  the  extent  of  two  hundred  feet  in  width 
on  each  side  of  said  railroad  where  it  may  pass 
over  the  public  lands,  including  all  necessary 
grounds  for  stations,  buildings,  workshops,  and 
depots,  machine  shops,  switches,  side  tracks,  turn- 
tables, and  water-stations.      The   United   States  u.  s.  to  extin- 

7        .  .  .  -..  i  ii        T      T         guish  Indian 

shall  extinguish,  as  rapidly  as  may  be,  the  Indian  titles,  sec.  is, 
titles  to  all  lands  falling  under  the  operation  of 
this  act,  and  required  for  the  said  right  of  way 
and  grants  hereinafter  made. 

Sec.  3.  And  be  it  further  enacted,  That  there  be,  Land  grants- 
and  is  hereby,  granted  to  the  said  company,  for  the  tious. 
purpose  of  aiding  in  the  construction  of  said  rail- 
road and  telegraph  line,  and  to  secure  the  safe  and 
speedy  transportation  of  the  mails,  troops,  muni- 
tions of  war,  and  public  stores   thereon,    every 
alternate  section  of  public  land,  designated  by  odd 
numbers,  to  the  amount  of  Jive  alternate  sections  chang'dto  ten 
per  mile  on  each  side  of  said  railroad,  on  the  line 
thereof,  and  within  the  limits  of  ten  miles  on  each  changed  to 

TWENTY     SPC 

side  of  said  road,  not  sold,  reserved,  or  otherwise  4, 1864. 
disposed  of  by  the  United  States,  and  to  which  a 
pre-emption    or  homestead  claim  may  not  have 
attached,   at   the  time  the  line  of  said  road   is 
definitely  fixed:  *  Provided,  That  all  mineral  lands  Minerals  and 

i      n    1  ir»  -1  •  pi*  timber.    Sec. 

shall  be  excepted  from  the  operation  ol  this  act  54,1864. 
but   where    the    same   shall  contain  timber,  the 

*In  the  case  of  Samuel  M.  Boyd  vs.  the  Burlington  &  Missouri  River  Railroad,  in  Nebraska, 
the  Secretary  of  the  Interior  held  (April  28,  1871)  that  if  a  homestead  claim  had  attached  to  a 
part  of  an  odd  section  within  the  limits  of  the  grant,  at  the  time  the  line  was  definitely  fixed, 
and  the  claim  was  subsequently  abandoned,  the  land  would  revert  to  the  government,  and 
would  not  pass  to  the  Railroad  Company.  The  same  ruling  was  applied  to  cases  of  pre-emptions. 
The  rule  established  in  this  case  was  modified  by  a  Circular  of  Instructions,  of  November  7, 
1871,  directed  to  Registers  and  Receivers  of  District  Land  Offices,  as  follows,  viz.: 

"By  the  terms  of  the  acts  of  Congress  granting  lands  to  aid  in  the  construction  of  railroads, 
there  is  exempted  from  the  grants  lands  to  which  the  right  of  pre-emption  had  attached  at  the 
time  when  the  grant  may  have  become  effective,  and  the  Department  has  ruled  that  the  lands 
to  which  such  pre-emption  claim  or  rijjht  has  attached,  and  such  pre-emption  subsequently 
abandoned,  does  not  inure  to  the  railroad  grant,  but  reverts  to  the  United  States. 

"A  pre-emption  tiling  of  record  on  your  books  constitutes,  of  course,  prima  facie  evidence  of 
a  pre-emption  claim ;  but  it  has  been  represented  that  in  many  cases  these  filings  have  been  made 


8 

timber  thereon  is  hereby  granted  to  said  company. 

And  all  such  lands,  so  granted  by  this   section, 

which  shall  not  be  sold  or  disposed  of  by  said 

company  within  three  years  after  the  entire  road 

shall  have  been  completed,  shall  be    subject   to 

settlement  and  pre-emption,  like  other  lands,  at  a 

price  not  exceeding  one  dollar  and   twenty-five 

cents  per  acre,  to  be  paid  to  said  company. 

?fnfor™pmfiesn       ^ec.  4-  ^-nc^  ^e  it  farther  enacted,  That  whenever 

?wS?ydby°sec  sa^  company  shall  have  completed  forty  consec- 

6, 1864  1  u.s.    utive  miles  of  any  portion  of  said  railroad  and 

Coram  rs  to  ex-  i 

amine.  telegraph  line,  ready  for  the  service  contemplated 

by  this  act,  and  supplied  with  all  necessary  drains, 
culverts,  viaducts,  crossings,  sidings,  bridges,  turn- 
outs, watering  places,  depots,  equipments,  furni- 
ture, and  all  other  appurtenances  of  a  first  class 
railroad,  the  rails  and  all  the  other  iron  used  in 
the  construction  and  equipment  of  said  road  to  be 
American  manufacture  of  the  best  quality,  the 
President  of  the  United  States  shall  appoint  three 
commissioners  to  examine  the  same  and  report  to 

without  the  preliminary  settlement  required  by  the  pre-emption  laws;  that  such  filings  do  not 
in  such  cases  constitute  a  pre-emption  claim  or  right;  that  such  right  can  only  exist  where  the 
party  has  a  legal  status,  which  he  does  not  have  except  by  actual  settlement  prior  to  filing; 
and  that  such  illegal  filings  cannot  defeat  the  railroad  claim,  where  the  companies  can  establish 
the  illegality  of  the  filing,  or,  in  other  words,  that  iraud  in  the  inception  of  the  pre-emption 
claim  renders  it  absolutely  null  and  void,  and  that  it  does  not  therefore  affect  the  right  of  the 
railroad. 

"  I  have  carefully  considered  these  propositions,  and  have  reached  the  conclusion  that  a  filing 
made  with  allegation  of  previous  settlement,  but  where  it  can  be  clearly  shown  that  such  settle- 
ment was  not  in  fact  made,  is  a  filing  in  derogation  of  law,  and  is  fraudulent;  consequently  is 
not  a  pre-emption  claim,  or  right  recognized  by  the  law,  and  does  not  withdraw  the  land  from 
the  right  of  the  road. 

"Therefore,  where  application  maybe  made  to  enter  any  such  lands,  you  will  order  hearings, 
giving  due  notice  ot  the  time  of  hearing  to  the  original  pre-emptor  (where  the  claim  is 
unexpired),  the  applicant,  and  the  railroad  company,  when  the  company  will  have  the  opportunity 
to  prove  the  fraudulent  character  of  the  claim  or  filing. 

"  You  will  also,  in  all  cases  where  the  railroad  company  seeks  to  select  such  lands,  require  them 
to  prove  the  fraudulent  character  of  all  pre-emption  claims  or  filings  that  may  appear  by  your 
records  to  have  been  in  legal  existence  at  the  date  the  right  of  the  road  would  have  otherwise 
attached. 

"The  proof  in  all  cases  must  be  confined  to  the  action  of  the  pre-emptor  prior  to  the  filing,  as, 
if  the  filing  or  claim  was  legal  in  its  inception,  it  withdraws  the  land  irom  the  grant. 

"  There  are  other  points  on  which  a  filing  may  be  shown  to  have  had  illegal  inception,  as.  for 
instance,  where  the  party  was  a  foreigner  at  the  time,  or  had  previously  enjoyed  the  right  of 
pre-emption,  and  you  will  admit  the  consideration  of  these  points  where  they  may  be  alleged 
against  the  pre-emption  claim." 

Since  the  passage  of  the  amendatory  Homestead  Act  of  March  21,  1864,  many  Homestead 
claims  are  based  upon  affidavits  made  before  clerks  of  the  courts  for  the  counties  in  which  the 
applicants  reside,  instead  of  the  officers  of  the  local  land  office.  In  such  cases  it  was  held  by 
the  commissioner  of  the  General  Land  Office  (Feb.  29,  1872),  in  the  case  of  Amos  Tuck  vs.  The 
Atlantic  and  Pacific  R.  R.  Co  ,  that  it  must  not  only  appear  that  the  applicant  was  "  prevented, 
by  reason  of  distance,  bodily  infirmity,  or  other  good  cause,  from  personal  attendance  at  the 
District  Land  Office,"  to  make  such  affidavit,  but  it  must  also  be  shown  that  the  making  of 
such  affidavit  was  preceded  by  bona  fide  acts  of  settlement  and  improvement;  otherwise  the 
claims  are  held  to  be  fraudulent  and  void. 


him  in  relation  thereto ;  and  if  it  shall  appear  to 

him   that  forty  consecutive  miles  of  said  railroad 

and    telegraph   line    have    been   completed    and 

equipped  in  all  respects  as  required  by  this  act, 

then,  upon  certificate  of  said    commissioners    to 

that  effect,  patents  shall  issue  conveying  the  right  ^^  fifissue of 

and  title  to  said  lands  to  said  company,  on  each 

side  of  the  road  as  far  as  the  same  is  completed, 

to  the  amount  aforesaid  ;  and  patents  shall  in  like 

manner  issue  as  each  forty  miles  of  said  railroad 

and  telegraph  line  are  completed,  upon  certificate 

of  said  commissioners.     Anv  vacancies  occurring  vacancies  in 

•  I-.  ip  ••i-ii  •  comm'rs.    See 

m  said  board  or  commissioners,  bv  death,  resigna- s0e°- 8,  Act  of 

.  "      »   '  7  O  1864. 

tion,  or  otherwise,  shall  be  filled  by  the  President 
of  the  United  States :  Provided,  however,  That  no 
such  commissioners  shall  be  appointed  by  the 
President  of  the  United  States  unless  there  shall 
be  presented  to  him  a  statement,  verified  on  oath 
by  the  president  of  said  company,  that  such  forty 
miles  have  been  completed  in  the  manner  requir- 
ed by  this  act,  and  setting  forth  with  certainty 
the  points  where  such  forty  miles  begin  and  where 
the  same  end ;  which  oath  shall  be  taken  before  a 
judge  of  a  court  of  record. 

Sec.  5.  And  be  it  further  enacted,  That  for  the  Government 

,  .  J  Tin  n  bonds.  See  bee. 

purposes  herein  mentioned,  the  Secretary  of  the  8V  Actisw, also 
Treasury  shall,  upon  the  certificate  in  writing  of 
said  commissioners  of  the  completion  and  equip- 
ment of  forty  consecutive  miles  of  said  railroad  ^ow  20  miles. 

-,    ,    -,  r     .  ,  •  1       i  •   •         Sec- 10« 1864- 

and  telegraph,  in  accordance  with  the  provisions 
of  this  act,  issue  to  said  company  bonds  of  the 
United  States  of  one  thousand  dollars  each,  paya- 
ble   in   thirty  years  after  date,  bearing  six  per 
centum  per  annum  interest  (said  interest  payable  See  sec.  11  of 
semi-annually),   which    interest   may  be  paid  in^%Mandr 
United  States  treasury  notes,  or  any  other  money  m*ie000  per 
or  currency  which  the  United  States  have  or  shall 
declare  lawful  money  and  a  legal  tender,  to  the 
amount  of  sixteen  of  said  bonds  per  mile  for  such 


10 


Lien  of  U.  S. 
bonds  made 
subordinate; 
see  Sec.  10,  Act 
of  1S64. 


section  of  forty  miles ;  and  to  secure  the  repay- 
ment to  the  United  States,  as  hereinafter  provided, 
of  the  amount  of  said  bonds  so  issued  and  deliv- 
ered to  said  company,  together  with  all  interest 
thereon  which  shall  have  been  paid  by  the 
United  States,  the  issue  of  said  bonds  and  delivery 
to  the  company  shall  ipso  facto  constitute  a  first 
mortgage  on  the  whole  line  of  the  railroad  and 
telegraph,  together  with  the  rolling  stock,  fixtures, 
and  property  of  every  kind  and  description,  and 
in  consideration  of  which  said  bonds  may  be 
issued ;  and  on  the  refusal  or  failure  of  said 
company  to  redeem  said  bonds,  or  any  part  of 
them,  when  required  so  to  do  by  the  Secretary  of 
the  Treasury,  in  accordance  with  the  provisions 
seesec.io,Actof  this  act.  the  said  road,  with  all  the  rights, 
functions,  immunities,  and  appurtenances  there- 
unto belonging,  and  also  all  lands  granted  to 
the  said  company  by  the  United  States,  which  at 
the  time  of  said  default  shall  remain  in  the  owner- 
ship of  the  said  company,  maybe  taken  possession 
of  by  the  Secretary  of  the  Treasury,  for  the  use 
and  benefit  of  the  United  States:  Provided,  this 
section  shall  not  apply  to  that  part  of  any  road 
now  constructed. 

Sec.  6.  And  be  it  further  enacted,  That  the 
grants  aforesaid  are  made  upon  condition  that 
said  company  shall  pay  said  bonds  at  maturity, 
and  shall  keep  said  railroad  and  telegraph  line  in 
repair  and  use,  and  shall  at  all  times  transmit 
dispatches  over  said  telegraph  line,  and  transport 
mails,  troops,  and  munitions  of  war,  supplies,  and 
public  stores  upon  said  railroad  for  the  govern- 
ment, whenever  required  to  do  so  by  any  depart- 
ment thereof,  and  that  the  government  shall  at 
all  times  have  the  preference  in  the  use  of  the 
same  for  all  the  purposes  aforesaid  (at  fair  and 
reasonable  rates  of  compensation,  not  to  exceed 
the  amounts  paid  by  private  parties  for  the  same 


Modified,  see 
Sec.  5,  Act  of 
1864. 


Bonds,  when 
and  how  paid 


11 

kind  of  service) ;  and  all  compensation  for  services 
rendered  for  the  government  shall  be  applied  to 
the  payment  of  said  bonds  and  interest  until  the 
whole  amount  is  fully  paid.*"     Said  company  may  tGr^f"™|"*on 
also  pay  the  United  States,  whollv  or  in  part,  in-batftobe 

■T    J  «/  r         ?         paid  in  cash. 

the  same  or  other  bonds,  treasury  notes,  or  other  ^^J0-5' Aet 
evidences  of  debt  against  the  United  States,  to 
be  allowed  at  par;  and  after  said  road  is  com- 
pleted, until  said  bonds  and  interest  are  paid,  at 
least  five  per  centum  of  the  net  earnings  of  said 
road  shall  also  be  annually  applied  to  the  payment 
thereof. 

Sec.  7.  And  be  it  further  enacted,  That  said 
company  shall  file  their  assent  to  this  act,  under  Assent  of  com- 
the  seal  of  said  company,  in  the  Department  of  &acuy  t0  be  filed 
the  Interior,  within  one  year  after  the  passage  of 
this  act,  and  shall  complete  said  railroad  and 
telegraph  from  the  point  of  beginning,  as  herein 
provided,  to  the  western  boundary  of  Nevada 
territory,  before  the  first  day  of  July,  one  thou- 
sand eig;ht  hundred  and  seventy-four :  Provided,T\m* of  co™\ 

9      .  J  .  "  pletion  extend- 

lhat  within  two  years  after  the  passage  of  this  ^  see  Sec-6> 

act,  said    company    shall    designate    the    general 

route  of  said  road,  as  near  as  may  be,  and  shall  file 

a  map  of  the    same   in  the  Department  of  the  see  sec.  4,  Act 

Interior,  whereupon  the  Secretary  of  the  Interior  SgiS'g&c' 

shall  cause  the  lands  within  fifteen  miles  of  saideT&e.0 

designated  route  or  routes  to  be  withdrawn  from 

pre-emption,  private  entry,  and  sale ;  and  when 

any  portion  of  said  route  shall  be  finally  located, 

the  Secretary  of  the  Interior  shall  cause  the  said 

♦Notwithstanding  the  amendment  to  this  provision  by  Sec.  5,  Act  of  1864,  the  Secretary  of 
the  Treasury  notified  the  companies  that  he  would  apply  all  their  earnings  on  government 
transportation  to  the  payment  of  the  interest  accruing  on  the  bonds  issued  by  the  government 
to  aid  in  the  construction  of  their  several  roads.  Thereupon  Congress  enacted  the  following 
section  in  the  act  of  March  3,  1871,  making  appropriations  for  the  support  of  the  army:— "Sec. 
9.  That  in  accordance  with  the  fifth  section  of  the  act  approved  July  two,  eighteen  hundred 
and  sixty-four,  entitled  '  an  act  to  amend  an  act'  entitled  'an  act  to  aid  in  the  construction  of  a 
railroad  and  telegraph  line  from  the  Missouri  river  to  the  Pacific  ocean,  and  to  secure  to  the 
government  the  use  of  the  same  for  postal,  military,  and  other  purposes,'  approved  July  first, 
eighteen  hundred  and  sixty-two,  the  Secretary  of  the  Treasury  is  hereby  directed  to  pay  over 
in  monev,  to  the  Pacific  Railroad  companies  mentioned  in  said  act,  and  performing  services  for 
the  United  States,  one  half  of  the  compensation  at  the  rate  provided  by  law  for  such  services, 
heretofore  or  hereafter  rendered:  Provided,  That  this  Section  shall  not  be  construed  to 
affect  the  legal  rights  of  the  government  or  the  obligations  of  the  companies,  except  as  herein 
specifically  provided.'' 


12 


Lands  desig- 
nated, &c. 


From  100  th 
meridian  to 
JN'evada. 


See  Sec.  10  of 
this  Act. 


Kansas  Co.  to 
construct  road 
&c. 


lands  herein  before  granted  to  be  surveyed  and 
set  off  as  fast  as  may  be  necessary  for  the 
purposes  herein  named :  Provided,  That,  in  fixing 
the  point  of  connection  of  the  main  trunk  with 
the  eastern  connections,  it  shall  be  fixed  at  the 
most  practicable  point  for  the  construction  of 
the  Iowa  and  Missouri  branches,  as  hereinafter 
provided. 

Sec.  8.  And  be  it  further  enacted,  That  the  line 
of  said  railroad  and  telegraph  shall  commence  at 
a  point  on  the  one  hundredth  meridian  of  longi- 
tude west  from  Greenwich,  between  the  south 
margin  of  the  valley  of  the  Republican  river  and 
the  north  margin  of  the  valley  of  the  Platte 
river,  in  the  territory  of  Nebraska,  at  a  point  to 
be  fixed  by  the  President  of  the  United  States, 
after  actual  surveys;  thence  running  westerly 
upon  the  most  direct,  central,  and  practicable 
route,  through  the  territories  of  the  United 
States,  to  the  western  boundary  of  the  territory 
of  Nevada,  there  to  meet  and  connect  with  the 
line  of  the  Central  Pacific  Railroad  Company  of 
California. 

Sec.  9.  And  be  it  further  enacted,  That  the 
Leavenworth,  Pawnee  and  Western  Railroad 
Company  of  Kansas  are  hereby  authorized  to 
construct  a  railroad  and  telegraph  line  from  the 
Missouri  river,  at  the  mouth  of  the  Kansas  river, 
on  the  south  side  thereof,  so  as  to  connect  with 
the  Pacific  Railroad  of  Missouri,  to  the  aforesaid 
point  on  the  one  hundredth  meridian  of  longitude 
west  from  Greenwich,  as  herein  provided,  upon 
the  same  terms  and  conditions  in  all  respects  as 
are  provided  in  this  act  for  the  construction  of 
the  railroad  and  telegraph  line  first  mentioned, 
and  to  meet  and  connect  with  the  same  at  the 
meridian  of  longitude  aforesaid ;  and  in  case  the 
general  route  or  line  of  road  from  the  Missouri 
river  to  the  Rocky  Mountains  should  be  so  located 


13 

as  to  require  a  departure  northwardly  from  the 
proposed  line  of  said  Kansas  railroad  before  it 
reaches  the  meridian  of  longitude  aforesaid,  the 
location  of  said  Kansas  road  shall  be  made  so  as 
to  conform  thereto;  and  said  railroad  through 
Kansas  shall  be  so  located  between  the  mouth  of 
the  Kansas  river,  as  aforesaid,  and  the  aforesaid 
point  on  the  one  hundredth  meridian  of  longitude, 
that  the  several  railroads  from  Missouri  and  Iowa, 
herein  authorized  to  connect  with  the  same,  can 
make  connection  within  the  limits  prescribed  in 
this  act,  provided  the  same  can  be  done  without 
deviating  from  the  general  direction  of  the  whole 
line  to  the  Pacific  coast.  The  route  in  Kansas 
west  of  the  meridian  of  Fort  Riley  to  the  afore- 
said point  on  the  one  hundredth  meridian  of 
longitude  to  be  subject  to  the  approval  of  the 
President  of  the  United  States,  and  to  be  deter- 
mined by  him  on  actual  survey.  And  said  Kan- 
sas company  may  proceed  to  build  said  railroad 
to  the.  aforesaid  point  on  the  one  hundredth 
meridian  of  longitude  west  from  Greenwich,  in 
the  territory  of  Nebraska.     The  Central  Pacific  central  Pacific 

t»-i  -i      i~t  n     r>i    t  n  •  R.  K.  Co.,  of 

Kailroad  Company   of    California,   a   corporation  California,  au- 
existing  under  the  laws  of  the  state  of  California, construct  read 

.       ° .  ,         .        n  1  on  same  terms 

are  hereby  authorized  to  construct  a  railroad  and  and  conditions, 
telegraph  line  from  the  Pacific  coast,  at  or  near 
San  Francisco,  or  the  navigable  waters  of  the 
Sacramento  river,  to  the  eastern  boundary  of 
California,  upon  the  same  terms  and  conditions, 
in  all  respects,  as  are  contained  in  this  act  for  the 
construction  of  said  railroad  and  telegraph  line 
first  mentioned,  and  to  meet  and  connect  writh 
the  first  mentioned  railroad  and  telegraph  line  on 
the  eastern  boundary  of  California.  Each  of  said  * 
companies  shall  file  their  acceptance  of  the  con- 
ditions of  this  act  in  the  Department  of  the 
Interior  within  six  months  after  the  ^passage  of 
this  act. 


14 

w^k,°&c.oinff       ^ec.  I®-   ^nd  be  it  further  enacted,  That  the 
said  company  chartered  by  the  state  of  Kansas 
shall  complete  one  hundred  miles  of  their  said 
road,  commencing  at  the  mouth  of  the  Kansas 
river,  as  aforesaid,  within  two  years  after  filing 
their  assent  to  the  conditions  of  this  act,  as  herein 
provided,  and  one  hundred  miles  per  year  there- 
after until  the  whole  is  completed ;  and  the  said 
Central  Pacific  Railroad  Company  of  California 
changed  to  25  shall   complete    fifty   miles   of    their    said    road 
™Act i864.Sec'  within  two  years  after  filing  their  assent  to  the 
provisions  of  this  act,  as  herein    provided,   and 
fifty  miles  per  year  thereafter  until  the  whole  is 
completed ;  and  after  completing  their  roads,  re- 
compatiies      spectively,   said    companies,    or    either   of  them, 
bSIdingoi11    may  unite  upon  equal  terms  with  the  first  named 

equal  terms.  ^  .      *  x        .  i         r»         •  i         -i  i 

sec.  is,  1864,  companj^  m  constructing  so  much  ol  said  railroad 
this  Act  and  telegraph  line  and  branch  railroads  and 
telegraph  lines,  in  this  act  hereinafter  mentioned, 
through  the  territories  from  the  state  of  California 
to  the  Missouri  river,  as  shall  then  remain  to  be 
constructed,  on  the  same  terms  and  conditions  as 
provided  in  this  act  in  relation  to  the  said  Union 
Pacific  Railroad  Company.  And  the  Hannibal 
and  Saint  Joseph  Railroad,  the  Pacific  Railroad 
Company  of  Missouri,  and  the  first  named  com- 
pany, or  either  of  them,  on  filing  their  assent  to 
this  act  as  aforesaid,  may  unite  upon  equal  terms, 
under  this  act,  with  the  said  Kansas  company, 
in  constructing  said  railroad  and  telegraph  to 
said  meridian  of  longitude,  with  the  consent  of 
the  said  state  of  Kansas ;  and  in  case  said  first 
named  company  shall  complete  their  line  to 
the  eastern  boundary  of  California  before  it  is 
completed  across  said  state  by  the  Central  Pacific 
Railroad  Company  of  California,  said  first  named 
company  is  hereby  authorized  to  continue  in 
constructing  the  same  through  California,  with  the 
consent  of  said  state,  upon  the  terms  mentioned 


15 

in  this  act,  until  said  roads  shall  meet  and  connect, 
and  the  whole  line  of  said  railroad  and  telegraph 
is   completed ;    and  the  Central  Pacific  Railroad 
Company  of  California,  after  completing  its  road  £e  Rr  c«f am!?c 
across    said    state,  is  authorized  to  continue  the  continue,  &c, 

•  .T  n  t  i  to  meet  other 

construction  of  said  railroad  and  telegraph  road- 
through  the  territories  of  the  United  States  to 
the  Missouri  river,  including  the  branch  roads 
specified  in  this  act,  upon  the  routes  hereinbefore 
and  hereinafter  indicated,  on  the  terms  and  con- 
ditions provided  in  this  act  in  relation  to  the  said  ^rum^rg|ecs0enc' 
Union  Pacific  Railroad  Company,  until  said  roads  f6vAV  ofl8?*' 

-II  tit         last  clause.  Al- 

shall    meet    and    connect,   and    the    whole    line  s° Sec- 2> im- 
of  said  railroad    and  branches  and  telegraph  is 
completed. 

Sec.  11.    And   he  it  further  enacted,  That  for  ts^d?vbe?nthV 
three  hundred  miles  of  said  road  most  mountain- "Nevada1" 
ous    and    difficult   of    construction,   to   wit,   one Mountains- 
hundred    and   fifty   miles   westwardly   from    the 
eastern  base  of  the  Rocky  Mountains,  and  one 
hundred  and  fifty  miles  eastwardly  from  the  west- 
ern base  of  the  Sierra  Nevada  Mountains,  said 
points  to  be  fixed  by  the  President  of  the  United 
States,  the  bonds  to  be  issued  to  aid  in  the  con- 
struction thereof  shall  be  treble  the  number  per 
mile  hereinbefore  provided,  and  the  same  shall  be 
issued,  and  the  lands  herein  granted  be  set. apart, 
upon    the    construction    of  every    twenty   miles 
thereof,  upon  the  certificate  of  the  commissioners 
as  aforesaid  that  twenty  consecutive  miles  of  the  subsidy  bonds; 
same  are  completed;    and  between  the  sections mo^toiM?6611 
last  named  of  one  hundred  and  fifty  miles  each, 
the  bonds  to  be  issued  to  aid  in  the  construction 
thereof  shall  be  double  the  number  per  mile  first 
mentioned,  and  the  same  shall  be  issued,  and  the 
lands  herein  granted  be  set  apart,  upon  the  con- 
struction of  every  twenty  miles  thereof  upon  the 
certificate  of  the  commissioners  as  aforesaid  that 
twenty  consecutive  miles  of  the  same  are  com- 


16 

pleted :    Provided,    That    no    more    than     fifty 

thousand  of  said  bonds  shall  be  issued  under  this 

act  to  aid  in  constructing  the  main  line  of  said 

railroad  and  telegraph. 

Location  at  gEc.  12.  And  be  it  farther  enacted,  That  when- 

state  lines  and  «/.  7 

100  meridian,  ever  the  route  of  said  railroad  shall  cross  the 
boundary  of  any  state  or  territory,  or  said  me- 
ridian of  longitude,  the  two  companies  meeting 
or  uniting  there  shall  agree  upon  its  location  at 
that  point,  with  reference  to  the  most  direct  and 
practicable  through  route ;  and  in  case  of  differ- 
ence between  them  as  to  said  location,  the  Presi- 
dent of  the  United  States  shall  determine  the 
said  location, — the  companies  named  in  each  state 

uSformwfdth  and  territory  to  locate  the  road  across  the  same 

&c-  between  the  points  so   agreed  upon,  except  as 

herein  provided.  The  track  upon  the  entire  line 
of  railroad  and  branches  shall  be  of  uniform 
width,  to  be  determined  by  the  President  of  the 
United  States,  so  that,  when  completed,  cars 
can  be  run  from  the  Missouri  river  to  the 
Pacific  coast;  #  the  grades  and  curves  shall  not 
exceed  the  maximum  grades  and  curves  of  the 
Baltimore  and  Ohio  railroad;  the  whole  line  of 

to  be  used  as    said  railroad  and  branches  and  telegraph  shall  be 

continuous  .      -,  1  1    n  -,-,  n 

line,  &c.  operated  and  used  for  all  purposes  of  communica- 
tion, .travel,  and  transportation,  so  far  as  the 
public  and  Government  are  concerned,  as  one 
connected  continuous  line ;  and  the  companies 
herein  named  in  Missouri,  Kansas,  and  California, 
filing  their  assent  to  the  provisions  of  this  act, 
shall  receive  and  transport  all  iron  rails,  chairs, 
spikes,  ties,  timber,  and  all  materials  required  for 
constructing  and  furnishing  said  first  mentioned 

*The  gauge  was  subsequently  fixed  by  the  following  act  of  Congress: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  the  gauge  of  the  Pacific  Railroad  and  its  brandies,  throughout  their 
whole  extent,  from  the  Pacific  coast  to  the  Missouri  river,  shall  be,  and  hereby  is/ established 
at  four  feet,  eight  and  one-half  inches. 

Approved  March  3, 1863. 


17 

line  between  the  aforesaid  point  on  the  one 
hundredth  meridian  of  longitude  and  western  i 
boundary  of  Nevada  territory,  whenever  the 
same  is  required  by  said  first  named  company,  at 
cost,  over  that  portion  of  the  roads  of  said  com- 
panies constructed  under  the  provisions  of  this 
act. 

Sec.  13.  And  be  it  further  enacted,  That  the^&stJ^road 
Hannibal  and  Saint  Joseph  Kailroad  Company  of  ea,  &e. 
Missouri  may  extend  its  roads  from  Saint  Joseph, 
via  Atchison,  to  connect  and  unite  with  the  road 
through  Kansas,  upon  filing  its  assent  to  the 
provisions  of  this  act,  upon  the  same  terms  and 
conditions  in  all  respects,  for  one  hundred  miles 
in  length  next  to  the  Missouri  river,  as  are 
provided  in  this  act  for  the  construction  of  the 
railroad  and  telegraph  line  first  mentioned,  and 
may  for  this  purpose  use  any  railroad  charter 
which  has  been  or  may  be  granted  by  the  legis- 
lature of  Kansas :  Provided,  that  if  actual  survey 
shall  render  it  desirable,  the  said  company  may 
construct  their  road,  with  the  consent  of  the  Kan- 
sas legislature,  on  the  most  direct  and  practicable 
route  west  from  Saint  Joseph,  Missouri,  so  as  to 
connect  and  unite  with  the  road  leading  from  the 
western  boundary  of  Iowa  at  any  point  east  of  the 
one  hundredth  meridian  of  west  longitude,  or  with 
the  main  trunk  road  at  said  point ;  but  in  no  event 
shall  lands  or  bonds  be  given  to  said  company,  as 
herein  directed,  to  aid  in  the  construction  of  their 
said  road  for  a  greater  distance  than  one  hundred 
miles.  And  the  Leavenworth,  Pawnee,  and  West- 
ern Kailroad  Company  of  Kansas  may  construct 
their  road  from  Leavenworth  to  unite  with  the 
road  through  Kansas. 

Sec.  14.   And  be  it  further  enacted,  That  the  iowa  road, 
said  Union  Pacific  Kailroad  Company  is  hereby  boSdary  oin 
authorized  and  required  to  construct  a  single  line 
of  railroad  and  telegraph  from  a  point  on  the 
2 


18 

western  boundary  of  the  state  of  Iowa,  to  be 
fixed  by  the  President  of  the  United  States,  * 
upon  the  most  direct  and  practicable  route,  to  be 
subject  to  his  approval,  so  as  to  form  a  connection 
with  the  lines  of  said  company  at  some  point  on 
the  one  hundredth  meridian  of  longitude  afore- 
said., from  the  point  of  commencement   on   the 

*The  action  of  the  President  is  disclosed  by  the  following  message  and  documents  communi- 
cated by  him  to  the  senate  of  the  United  States: 
To  the  Senate  of  the  United  States : 

In  compliance  with  a  resolution  of  the  senate  of  the  1st  instant,  respecting  the  points  of 
commencement  of  the  Union  Pacific  Railroad  on  the  one  hundredth  degree  of  west  longitude, 
and  of  the  branch  road  from  the  western  boundary  of  Iowa  to  the  said  one  hundredth  degree 
of  longitude,  I  transmit  the  accompanying  report  from  the  Secretary  of  the  Interior,  contain- 
ing the  information  called  for. 

I  deem  it  proper  to  add,  that  on  the  17th  day  of  November  last,  an  executive  order  was  made 
upon  this  subject  and  delivered  to  the  vice-president  of  the  Union  Pacific  Railroad  Company, 
which  fixed  the  point  on  the  western  boundary  of  the  state  of  Iowa  from  which  the  company 
should  construct  their  branch  road  to  the  one  hundredth  degree  of  west  longitude,  and  declared 
it  to  be  within  the  limits  of  the  township,  in  Iowa,  opposite  the  town  of  Omaha,  in  Nebraska. 
Since  then  the  company  has  represented  to  roe  that,  upon  actual  surveys  made,  it  has  determined 
upon  the  precise  point  of  departure  of  their  branch  road  from  the  Missouri  river,  and  located 
the  Barac  as  described  in  the  accompanying  report  of  the  Secretary  of  the  Interior,  which  point 
is  within  the  limits  designated  in  the  order  of  November  last;  and  inasmuch  as  that,  order  is 
not  of  record  in  any  of  the  executive  departments,  and  the  company  having  desired  a  more 
definite  one,  I  have  made  the  order,  of  which  a  copy  is  herewith,  and  caused  the  same  to  be  filed 
in  the  Department  of  the  Interior.  ABRAHAM  LINCOLN. 

Executive  Mansion,  March  9, 1864. 

Department  op  the  Interior, 

Washington,  March  8, 1864. 
Sir:  I  have  the  honor  to  return  herewith  the  senate  resolution  of  the  1st  instant,  which  you 
referred  to  me  for  report,  in  the  following  words,  viz. : 

"  Resolved,  That  the  President  of  the  United  States  is  hereby  requested,  if  not  inconsistent 
with  the  public  interest,  to  inform  the  senate  whether  he  has,  as  authorized  by  the  8th  section 
of  the  act  incorporating  the  Union  Pacific  Railroad  Company,  fixed  the  point  of  commence- 
ment of  said  road  on  the  one  hundredth  degree  of  west  longitude;  and  if  so,  to  set  forth  a 
description  of  said  point,  and  to  furnish  like  information  touching  the  point  of  commence- 
ment on  the  western  boundary  of  Iowa  of  the  branch  road  from  that  point  to  the  said  one 
hundredth  degree  of  longitude,  authorized  by  the  14th  section  of  said  act." 

In  obedience  to  your  direction,  I  have  to  state  that  the  point  of  commencement  of  said  road 
on  the  one  hundredth  degree  of  west  longitude  has  not  yet  been  fixed. 

The  point  fixed  for  the  commencement,  on  the  western  boundary  of  Iowa,  of  the  branch 
road,  thence  to  the  said  one  hundredth  degree  of  west  longitude,  authorized  by  the  14th  section 
of  the  act,  was  fixed  by  an  executive  order  of  the  7th  instant,  a  copy  of  which  is  herewith 
submitted,  and  is  therein  described  as  "  east  of  and  opposite  to  the  east  line  of  section  10,  in 
township  15  north,  of  range  13  east,  of  the  sixth  principal  meridian,  in  the  territory  of 
Nebraska." 

I  have  the  honor  to  be,  with  great  respect,  your  obedient  servant, 

J.  P.  USHER, 
Secretary  of  the  Interior. 
The  President  of  the  United  States. 

In  pursuance  of  the  provisions  of  section  14  of  the  act  of  congress  entitled  "An  act  to  aid  in 
the  construction  of  a  railroad  and  telegraph  line  from  the  Missouri  river  to  the  Pacific  ocean, 
and  to  secure  to  the  government  the  use  of  the  same  for  postal,  military,  and  other  purposes," 
approved  July  1, 1862,  authorizing  and  directing  the  President  of  the  United  States  to  fix  the 
point  on  the  western  boundary  of  the  state  of  Iowa  from  which  the  Union  Pacific  Railroad 
Company  is  by  6aid  section  authorized  and  required  to  construct  a  single  line  of  railroad  and 
telegraph  upon  the  most  direct  and  practicable  route,  subject  to  the  approval  of  the  President 
of  the  United  States,  so  as  to  form  a  connexion  with  the  lines  of  said  company  at  some  point  on 
the  one  hundredth  meridian  of  longitude  in  said  section  named,  I.Abraham  Lincoln,  President 
of  the  United  States,  do,  upon  the  application  of  the  said  company,  designate  and  establish 
euch  first  above  named  point  on  the  western  boundary  of  the  state  of  Iowa,  east  of,  and 
opposite  to,  the  east  line  of  section  10,  in  township  15  north,  of  range  13  east,  of  the  sixth 
principal  meridian,  in  the  territory  of  Nebraska. 

Done  at  the  city  of  Washington,  this  seventh  day  of  March,  in  the  year  of  our  Lord  one 
.thousand  eight  hundred  and  sixty-four.  ABRAHAM  LINCOLN. 


19 

western  boundary  of  the  state  of  Iowa,  upon  the 
same  terms  and  conditions,  in  all  respects,  as  are 
contained  in  this  act  for  the  construction  of  the 
said  railroad  and  telegraph  first  mentioned ;  and 
the  said  Union  Pacific  Railroad  Company  shall 
complete  one  hundred  miles  of  the  road  and 
telegraph  in  this  section  provided  for  in  two  years 
after  filing  their  assent  to  the  conditions  of  this 
act,  as  by  the  terms  of  this  act  required,  and  at 
the  rate  of  one  hundred  miles  per  year  thereafter, 
until  the  whole  is  completed :  Provided,  That  a 
failure  upon  the  part  of  said  company  to  make 
said  connection  in  the  time  aforesaid,  and  to  per- 
form the  obligations  imposed  on  said  company  by 
this  section,  and  to  operate  said  road  in  the  same 
manner  as  the  main  line  shall  be  operated,  shall 
forfeit  to  the  government  of  the  United  States 
all  the  rights,  privileges,  and  franchises  granted 
to  and  conferred  upon  said  company  by  this  act. 
And  whenever  there  shall  be  a  line  of  railroad 
completed  through  Minnesota  or  Iowa  to  Sioux 
City,  then  the  said  Pacific  Railroad  Company  is 
hereby  authorized  and  required  to  construct  a  n>  P.  R  R  Co> 
railroad  and  telegraph  from  said  Sioux  City  upon  JStrwtsioux 
the  most  direct  and  practicable  route  to  a  point  secyi6,aActof 
on,  and  so  as  to  connect  with,  the  branch  railroad1864- 
and  telegraph  in  this  section  hereinbefore  men- 
tioned, or  with  the  said  Union  Pacific  Railroad, 
said  point  of  junction  to  be  fixed  by  the  President 
of  the  United  States,  not  further  west  than  the 
one  hundredth  meridian  of  longitude  aforesaid, 
and  on  the  same  terms  and  conditions  as  provided 
in  this  act  for  the  construction  of  the  Union 
Pacific  Railroad  as  aforesaid,  and  to  complete  the 
same  at  the  rate  of  one  hundred  miles  per  year ; 
and  should  said  company  fail  to  comply  with  the 
requirements  of  this  act  in  relation  to  the  said 
Sioux  City  railroad  and  telegraph,  the  said  com- 
pany shall  suffer  the  same  forfeitures  prescribed 


20 

in  relation  to  the  Iowa  branch  railroad  and  tele- 
graph hereinbefore  mentioned. 
nSmayTon-       Sec-  *5.   And  be  it  further  enacted,  That  any 
nect,  &c.        other    railroad    company    now    incorporated,   or 
hereafter  to  be  incorporated,  shall  have  the  right 
to  connect  their  road  with  the  road  and  branches 
provided  for  by  this  act,  at  such  places  and  upon 
such  just  and  equitable  terms  as  the  President  of 
the  United  States  may  prescribe.     Wherever  the 
5°expCSd.  word  company  is  used  in  this  act,  it  shall  be  con- 
strued   to   embrace   the   words   their   associates, 
successors,  and  assigns,  the  same  as  if  the  words 
had  been  properly  added  thereto. 
companies  au-      Sec.  16.  And  be  it  further  enacted,  That  at  any 
consolidate,     time  after  the  passage  of  this  act  all  of  the  rail- 

See  Sec  16.,  Act  •  - 

of  1864. '  aiso    road  companies  named  herein,  and  assenting;  here- 

Sec.  10  of  this     ,  ».,     J  ,,        9       -,    , 

Act.  to,  or  any  two  or  more  ot  them,  are  authorized  to 

form  themselves  into  one  consolidated  company ; 
notice  of  such  consolidation,  in  writing,  shall  be 
filed  in  the  Department  of  the  Interior,  and  such 
consolidated  company  shall  thereafter  proceed  to 
construct  said  railroad  and  branches  and  telegraph 
line,  upon  the  terms  and  conditions  provided  in 
this  act. 
Smfefs'pTedy  ^ec.  17.  And  be  it  further  enacted,  That  in  case 
SoSetionof  sa^  company  or  companies  shall  fail  to  comply 
with  the  terms  and  conditions  of  this  act,  by  not 
completing  said  road  and  telegraph  and  branches 
within  a  reasonable  time,  or  by  not  keeping  the 
same  in  repair  and  use,  but  shall  permit  the  same 
for  an  unreasonable  time  to  remain  unfinished  or 
out  of  repair  and  unfit  for  use,  congress  may  pass 
any  act  to  insure  the  speedy  completion  of  said 
road  and  branches,  or  put  the  same  in  repair  and 
use,  and  may  direct  the  income  of  said  railroad 
and  telegraph  line  to  be  thereafter  devoted  to  the 
use  of  the  United  States,  to  repay  all  such  expen- 
ditures caused  by  the  default  and  neglect  of  such 
company  or  companies:   Provided,  That  if  said 


21 

roads  are  not  completed,  so  as  to  form  a  con- 
tinuous line  of  railroad,  ready  for  use,  from  the 
Missouri  river  to  the  navigable  waters  of  the 
Sacramento  river,  in  California,  by  the  first  day 
of  July,  eighteen  hundred  and  seventy-six,  the  Mainline  to  iw 
whole  of  all  of  said  railroads  before  mentioned,  ^secs.  5gand 
and  to  be  constructed  under  the  provisions  of  ' 
this  act,  together  with  all  their  furniture,  fixtures, 
rolling  stock,  machine  shops,  lands,  tenements, 
and  hereditaments,  and  property  of  every  kind 
and  character,  shall  be  forfeited  to  and  be  taken 
possession  of  by  the  United  States:  Provided, 
That  of  the  bonds  of  the  United  States  in  this 
act  provided  to  be  delivered  for  any  and  all  parts 
of  the  roads  to  be  constructed  east  of  the  one 
hundredth  meridian  of  west  longitude  from  Green- 
wich, and  for  any  part  of  the  road  west  of  the 
west  foot  of  the  Sierra  Nevada  mountains,  there 
shall  be  reserved  of  each   part   and   instalment  Repealed,  see 

Spc    T    Act  of 

twenty-five  per  centum,  to  be  and  remain  in  the  lsei.  ' 
United  States  treasury,  undelivered,  until  said 
road,  and  all  parts  thereof  provided  for  in  this  act, 
are  entirely  completed ;  and  of  all  the  bonds  pro- 
vided to  be  delivered  for  the  said  road,  between 
the  two  points  aforesaid,  there  shall  be  reserved 
out  of  each  instalment  fifteen  per  centum,  to  be 
and  remain  in  the  treasury  until  the  whole  of  the 
road  provided  for  in  this  act  is  fully  completed ; 
and  if  the  said  road,  or  any  part  thereof,  shall  fail 
of  completion  at  the  time  limited  therefor  in  this 
act,  then  and  in  that  case  the  said  part  of  said 
bonds  so  reserved  shall  be  forfeited  to  the  United 
States. 

Sec.  18.  And  he  it  further  enacted,  That  when- under  certain 
ever  it  appears  that  the  net  earnings  of  the  entire Mngressmay8 
road  and  telegraph,  including  the  amount  allowed  \lrl 
for  services  rendered  for  the  United  States,  after 
deducting  all  expenditures — including  repairs,  and 
the  furnishing,  running,  and   managing   of  said 


reduce  rates  of 


.22     • 

road — shall  exceed  ten  per  centum  upon  its  cost 
(exclusive  of  the  five  per  centum  to  be  paid  to 
the  United  States),  congress  may  reduce  the  rates 
of  fare  thereon,  if  unreasonable  in  amount,  and 
may  fix  and  establish  the  same  by  law.  And  the 
better  to  accomplish  the  object  of  this  act, 
namely,  to  promote  the  public  interest  and  welfare 
by  the  construction  of  said  railroad  and  telegraph 
line,  and  keeping  the  same  in  working  order,  and 
to  secure  to  the  government  at  all  times  (but  par- 
ticularly in  time  of  war)  the  use  and  benefits  of 
the  same  for  postal,  military,  and  other  purposes, 
congress  may  at  any  time — having  due  regard 
for  the  rights  of  said  companies  named  herein — 
add  to,  alter,  amend,  or  repeal  this  act. 
StSJgrSir  Sec*  19*  And  be  it  further  enacted,  That  the 
^mpanies  now  several  railroad  companies  herein  named  are 
authorized  to  enter  into  an  arrangement  with 
the  Pacific  Telegraph  Company,  the  Overland 
Telegraph  Company,  and  the  .  California  State 
Telegraph  Company,  so  that  the  present  line  of 
telegraph  between  the  Missouri  river  and  San 
Francisco  may  be  moved  upon  or  along  the  line 
of  said  railroad  and  branches  as  fast  as  said 
see  sec.  15,  Act  roads  and  branches  are  built;  and  if  said  arrange- 
ment be  entered  into,  and  the  transfer  of  said 
telegraph  line  be  made  in  accordance  there- 
with to  the  line  of  said  railroad  and  branches, 
such  transfer  shall,  for  all  purposes  of  this  act,  be 
held  and  considered  a  fulfilment,  on  the  part  of 
said  railroad  companies,  of  the  provisions  of  this 
act  in  regard  to  the  construction  of  said  line  of 
telegraph.  And  in  case  of  disagreement,  said 
telegraph  companies  are  authorized  to  remove 
their  line  of  telegraph  along  and  upon  the  line 
of  railroad  herein  contemplated,  without  prejudice 
to  the  rights  of  said  railroad  companies  named 
herein. 

Sec.  20.   And  be  it  further  enacted,  That  the 


corporation   hereby  created  and  the  roads  con- 
nected therewith  under  the  provisions  of  this  act,  companies  to 
shall  make  to  the  Secretary  of  the  Treasury  an  ^0ertaanual 
annual  report,  wherein  shall  be  set  forth : 

First.  The  names  of  the  stockholders  and  their 
places  of  residence,  so  far  as  the  same  can  be 
ascertained. 

Second.  The  names  and  residences  of  the  direc- 
tors, and  all  other  officers  of  the  company. 

Third.  The  amount  of  stock  subscribed,  and 
the  amount  thereof  actually  paid  in. 

Fourth.  A  description  of  the  lines  of  road 
surveyed,  of  the  lines  thereof  fixed  upon  for  the 
construction  of  the  road,  and  the  cost  of  such 
survey. 

Fifth.  The  amount  received  from  passengers 
on  the  road. 

Sixth.  The  amount  received  for  freight  there- 
on. 

Seventh.  A  statement  of  the  expense  of  said 
road  and  its  fixtures. 

Eighth.  A  statement  of  the  indebtedness  of 
said  company,  setting  forth  the  various  kinds 
thereof;  which  report  shall  be  sworn  to  by  the 
president  of  the  said  company,  and  shall  be  pre- 
sented to  the  Secretary  of  the  Treasury  on  or 
before  the  first  day  of  July  in  each  year.^ 

*AN  ACT  RELATING  TO  FILING  REPORTS  OF  RAILROAD  COMPANIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  the  reports  required  to  be  made  to  the  Secretary  of  the  Treasury  on 
or  before  the  first  day  of  July  of  each  year,  by  the  corporations  created  by  or  entitled  to 
subsidies  under  the  provisions"of  an  act  entitled  "An  act  to  aid  in  the  construction  of  a  rail- 
road and  telegraph  line  from  the  Missouri  river  to  the  Pacific  ocean,  and  to  secure  to  the  gov- 
ernment the  use  of  the  same  for  postal,  military,  and  other  purposes,"  approved  July  first, 
eighteen  hundred  and  sixty-two,  and  the  acts  supplemental  to  and  amendatory  thereof,  shall 
hereafter  be  made  to  the  Secretary  of  the  Interior,  on  or  before  the  first  day  of  October  of  each 
year.  Said  reports  shall  furnish  full  and  specific  information  upon  the  several  points  mentioned 
in  the  twentieth  section  of  the  said  act  of  eighteen  hundred  and  sixty-two,  and  shall  be  verified 
as  therein  prescribed,  and,  on  failure  to  make  the  same  as  herein  required,  the  issue  of  bonds  or 
patents  to  the  company  in  default  shall  be  suspended  until  the  requirements  of  this  act  shall  be 
complied  with  by  such  company.  And  the  reports  hitherto  made  to  the  Secretary  of  the 
Treasury,  under  the  said  act  of  July  first,  eighteen  hundred  and  sixty-two,  shall  be  transferred 
and  delivered  by  him  to  the  Secretary  of  the  Interior  to  be  filed  by  him. 

*********** 

Sec.  3.  And,  be  it  further  enacted,  That  the  reports  required  from  the  commissioners  appointed 
to  examine  and  report  in  relation  to  the  road  of  any  of  the  corporations  whereto  reference  is 
made  in  this  act,  shall  be  addressed  to  and  filed  in  the  Department  of  the  Interior;  and  all 


24 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO 
AID  IN  THE  CONSTRUCTION  OF  A  RAILROAD  AND 
TELEGRAPH  LINE  FROM  THE  MISSOURI  RIVER  TO 
THE  PACIFIC  OCEAN,  AND  TO  SECURE  TO  THE 
GOVERNMENT  THE  USE  OF  THE  SAME  FOR  POSTAL, 
MILITARY,  AND  OTHER  PURPOSES,"  APPROVED 
JULY  2  [1],  1862. 

First  meeting  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
ew  on  Pacific  sentatives  of  the  United  States  of  America  in  Con- 
telegraph,  to  be  qress   assembled,  That  the  first  meeting:  of  the 

held  in  Chica-    v  .      .  ,    .        ,,  ,.,,     9  ,,  A  , 

go.  commissioners  named  m  the  act  entitled  "An  act 

to  aid  in  the  construction  of  a  railroad  and  tele- 
graph line  from  the  Missouri  river  to  the  Pacific 
ocean,  and  to  secure  to  the  government  the  use 
of  the  same  for  postal,  military,  and  other  pur- 
poses," approved  July  second  [first],  eighteen 
hundred  and  sixty-two,  and  of  the  five  commis- 
sioners directed  by  said  act  to  be  appointed  by 
the  Secretary  of  the  Interior,  shall  be  held  at 
Bryan  hall,  in  the  city  of  Chicago,  in  the  state 

Notice.  of  Illinois,  on  the  first  Tuesday  of  September 

next,  at  twelve  o'clock  at  noon.  A  notice  of  said 
meeting,  to  be  signed  by  at  least  ten  of  the  com- 
missioners named  in  said  act,  shall  be  published 
at  least  once  a  week  during  the  six  successive 
weeks  commencing  on  the  twentieth  of  July,  one 
thousand  eight  hundred  and  sixty-two,  in  one 
daily  newspaper  in  each  of  the  cities  of  Boston, 
New  York,  Philadelphia,  Cincinnati,  Chicago,  and 
St.  Louis,  and  no  other  notice  of  said  meeting 
shall  be  requisite. 

Approved  July  12,  1862. 


such  reports  heretofore  made  shall  be  transferred  to  and  filed  in  said  Department  of  the  Interi- 
or; and  so  much  of  any  and  all  acts  as  requires  any  reports  from  such  companies,  or  any  officers 
thereof,  to  be  made  to  the  Secretary  of  the  Treasury,  is  hereby  repealed. 

Sec.  4.  And  be  it  further  enacted,  That,  in  addition  to  the  eight  subjects  referred  to  in  section 
twenty  of  the  act  of  July,  eighteen  hundred  and  sixty-two,  to  be  reported  upon,  there  i-hall 
also  be  furnished  annually  to  the  Secretary  of  the  Interior  all  reports  of  engineers,  superintend- 
ents, or  other  officers  who  make  annual  reports  to  any  of  said  railroad  companies. 

Approved  June  25, 1868. 


25 


AMENDMENT  OF  1864. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO 
AID  IN  THE  CONSTRUCTION  OF  A  RAILROAD  AND 
TELEGRAPH  LINE  FROM  THE  MISSOURI  RIVER  TO 
THE  PACIFIC  OCEAN,  AND  TO  SECURE  TO  THE 
GOVERNMENT  THE  USE  OF  THE  SAME  FOR  POSTAL, 
MILITARY,  AND  OTHER  PURPOSES,"  APPROVED 
JULY  FIRST,  EIGHTEEN  HUNDRED  AND  SIXTY-TWO. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  shares  of  u.  p. 
sentatives  of  the  United  States  of  America  in  CW-e<i'from$iooo 
gress  assembled,  That  the  capital  stock  of  the 
company  entitled  the  Union  Pacific  Kailroad 
Company,  authorized  by  the  act  of  which  this  act 
is  amendatory,  shall  be  in  shares  of  one  hundred 
dollars,  instead  of  one  thousand  dollars,  each ; 
that  the  number  of  shares  shall  be  one  million, 
instead  of  one  hundred  thousand ;  and  that  the 
number  of  shares  which  any  person  shall  hold  to 
entitle  him  to  serve  as  a  director  in  said  company 
(except  the  five  directors  to  be  appointed  by  gov- 
ernment) shall  be  fifty  shares,  instead  of  H\e 
shares;  and  that  every  subscriber  to  said  capital 
stock  for  each  share  of  one  thousand  dollars, 
heretofore  subscribed,  shall  be  entitled  to  a  certifi- 
cate for  ten  shares  of  one  hundred  dollars  each ; 
and  that  the  following  words  in  section  first  of 
said  act,  "  which  shall  be  subscribed  for  and  held 
in  not  more  than  two  hundred  shares  by  any  one 
person,"  be,  and  the  same  are  hereby,  repealed. 

Sec.   2.    And  be  it  further  enacted,  That  the  Books  to  be 
Union  Pacific  Eailroad  Company  shall  cause  books  se&raf cltS. 

j.11,  .  .*■<...  _       I860,  Sec.  2. 

to  be  kept  open  to  receive  subscriptions  to  the 
capital  stock  of  said  company  (until  the  entire 
capital  of  one  hundred  millions  of  dollars  shall  be 
subscribed),  at  the  general  office  of  said  company 


26 

in  the  city  of  New  York,  and  in  each  of  the  cities 
of  Boston,  Philadelphia,  Baltimore,  Chicago,  Cin- 
cinnati, and  St.  Louis,  at  such  places  as  may  be 
designated  by  the  President  of  the  United  States, 
and  in  such  other  localities  as  may  be  directed  by 

P5dCent* t0  be  k*m-  No  subscription  for  said  stock  shall  be 
deemed  valid  unless  the  subscriber  therefor  shall, 
at  the  time  of  subscribing,  pay  or  remit  to  the 
treasurer  of  the  company  an  amount  per  share 
subscribed  by  him  equal  to  the  amount  per  share 
previously  paid  by  the  then  existing  stockholders. 

Assessments  of  The  said  company  shall  make  assessments  upon 
its  stockholders  of  not  less  than  five  dollars  per 
share,  and  at  intervals  of  not  exceeding  six 
months  from  and  after  the  passage  of  this  act, 
until  the  par  value  of  all  shares  subscribed  shall 

how  paid.  be  fully  paid  ;  and  money  only  shall  be  receivable 
for  any  such  assessment,  or  as  equivalents  for  any 
portion  of  the  capital  stock  hereinbefore  author- 

Amt.  ofcapi-  ized#  The  capital  stock  of  said  company  shall 
not  be  increased  beyond  the  actual  cost  of  said 

stock  ersonai  road-     And  *ne  stock  of  the  company  shall   be 

property.  deemed  personal  property,  and  shall  be  transfer- 
able on  the  books  of  the  company,  at  the  general 
office  of  said  company  in  the  city  of  New  York, 
or  at  such  other  transfer  office  as  the  company 
may  establish. 

rlTt^wl         ^EC*   3-  And  he   it  further   enacted,   That   the 

3rantoe(VoJee   Union  Pacific  Kailroad  Company,  and  all  other 

Sec.  2, 1862.  .  .  .  *        ~" 

companies  provided  lor  in  this  act  and  the  act  to 
which  this  is  an  amendment,  be,  and  hereby  are, 
empowered  to  enter  upon,  purchase,  take,  and 
hold  any  lands  or  premises  that  may  be  necessary 
and  proper  for  the  construction  and  working  of 
said  road,  not  exceeding  in  width  one  hundred 
feet  on  each  side  of  its  centre  line,  unless  a  greater 
width  be  required  for  the  purpose  of  excavation 
or  embankment ;  and  also  any  land  or  premises 
that  may  be  necessary  and  proper  for  turnouts, 


27 

standing-places  for  cars,  depots,  station-houses,  or 

any  other  structures  required  in  the  construction 

and  operating  of  said  road.     And  each  of  said 

companies  shall  have  the  right  to  cut  and  remove 

trees  or  other  materials  that  might  by  falling 

encumber  its  road-bed,  though  standing  or  being 

more  than  one  hundred  feet  therefrom.     And  in  Assessment  of 

case    the    owner   or    claimant  of  such  lands  ordama«es- 

premises  and  such  company  cannot  agree  as  to 

the  damages,  the  amount  shall  be  determined  by 

the  appraisal  of  three  disinterested  commissioners, 

who  may  be  appointed  upon  application  by  any 

party  to  any  judge  of  a  court  of  record  in  any 

of  the  territories  in  which  the  land  or  premises 

to  be  taken  lie ;  and  said  commissioners,  in  their 

assessments    of    damages,    shall    appraise    such 

premises   at   what  would  have  been  the   value 

thereof  if  the  road  had  not  been  built ;  and  upon 

return  into  court  of  such  appraisement,  and  upon  Payment  and 

the  payment  to  the  clerk  thereof  of  the  amount title- 

so  awarded  by  the  commissioners  for  the  use  and 

benefit  of  the  owner  thereof,  said  premises  shall 

be  deemed  to  be  taken  by  said  company,  which 

shall  thereby  acquire  full  title  to  the  same  for  the 

purposes   aforesaid.      And   either   party   feeling  Appeal. 

aggrieved  by  said  assessment  may,  within  thirty 

days,  file  an  appeal  therefrom,  and  demand  a  jury 

of  twelve  men  to  estimate  the  damage  sustained ; 

but  such  appeal  shall  not  interfere  with  the  rights 

of  said   company   to    enter   upon   the   premises 

taken,  or  to  do  any  *tct  necessary  in  the  c&nstruc- 

tion  of  its  road.     And  said  party  appealing  shall  B™d8  on  »p- 

give  bonds  with  sufficient  surety  or  sureties  for 

the  payment  of  any  costs  that  may  arise  upon 

such  appeal.      And  in  case  the  party  appealing  costs  of  aP- 

does  not  obtain  a  more  favorable  verdict,   suchpea1, 

party  shall  pay  the  whole  cost  incurred  by  the 

appellee  as  well  as  its  own.     And  the  payment 

into  court,  for  the  use  of  the  owner  or  claimant,  peaf.afterap" 


28 

of  a  sum  equal  to  that  finally  awarded  shall  be 
held  to  vest  in  said  company  the  title  of  said 
land,  and  the  right  to  use  and  occupy  the  same 
for  the  construction,  maintaining,  and  operating 
of  the  road  of  said  company.     And  in  case  any 

ASS!!?68  and  °f  the  lands  to  be  taken  as  aforesaid  shall  be  held 
by  any  person  residing  without  the  territory  or 
subject  to  any  legal  disability,  the  court  may 
appoint  a  proper  person,  who  shall  give  bonds, 
with  sufficient  surety  or  sureties,  for  the  faithful 
execution  of  his  trust,  and  who  may  represent  in 
court  the  person  disqualified  or  absent  as  afore- 
said, when  the  same  proceedings  shall  be  had  in 
reference  to  the  appraisement  of  the  premises  to 
be  taken  and  with  the  same  effect  as  have  been 
already  described.  And  the  title  of  the  company 
to  the  land  taken  by  virtue  of  this  act  shall  not 
be  affected  nor  impaired  by  reason  of  any  failure 
by  any  guardian  to  discharge  faithfully  his  trust. 

unoccupied     And  in  case  it  shall  be  necessary  for  either  of  the 

lands — how  ac-       •  -,  .  .  i        j  i  *    1 

quired.  said  companies  to  enter  upon  lands  wnicn  are  un- 

occupied, and  of  which  there  is  no  apparent 
owner  or  claimant,  it  may  proceed  to  take  and 
use  the  same  for  the  purpose  of  its  said  railroad, 
and  may  institute  proceedings  in  manner  describ- 
ed for  the  purpose  of  ascertaining  the  value  of 
and  acquiring  a  title  to  the  same ;  and  the  court 
may  determine  the  kind  of  notice  to  be  served 
on  such  owner  or  owners,  and  may  in  its  discre- 
tion appoint  an  agent  or  guardian  to  represent 
such  owner  or  owners  in  case  of  his  or  their 
incapacity  or  non-appearance.  But  in  case  no 
claimant  shall  appear  within  six  years  from  the 
time  of  the  opening  of  said  road  across  any  land, 
all  claim  to  damages  against  said  company  shall 

Damages,  how  be  barred.  It  shall  be  competent  for  the  legal 
guardian  of  any  infant  or  any  other  person  under 
guardianship  to  agree  with  the  proper  company 
as  to  damages  sustained  by  reason  of  the  taking 


29 

of  any  lands  of  any  such  person  under  disability, 
as  aforesaid,  for  the  use  as  aforesaid;  and  upon 
such  agreement  being  made,  and  approved  by  the 
court  having  supervision  of  the  official  acts  of 
said  guardian,  the  said  guardian  shall  have  full 
power  to  make  and  execute  a  conveyance  thereof 
to  the  said  company  which  shall  vest  the  title 
thereto  in  the  said  company. 

Sec.  4.  And  be  it  further  enacted,  That  section  JJJ^f^. 
three  of  said  act  be  hereby  amended  by  striking  jjjiu«  grant  of 
out  the  word  "five,"  where  the  same  occurs  in 
said  section,  and  by  inserting  in  lieu  thereof  the 
word  u  ten ; "  and  by  striking  out  the  word  "  ten," 
where  the  same  occurs  in  said  section,  and  insert- 
ing in  lieu  thereof  the  word  "twenty."      And  sec.  7,  is®, 

, «  n         •  i  1     •       i  i  iii       amended  with- 

section  seven  of  said  act  is  hereby  amended  by  drawing  land 
striking  out  the  word  "  fifteen,"  where  the  same 
occurs  in  said  section,  and  inserting  in  lieu  thereof 
the  word  "  twenty-five."     And  the  term  "  mineral 
land,"  wTherever  the  same  occurs  in  this  act,  and  coai  and  iron 
the  act  to  which  this  is  an  amendment,  shall  not  be  no  minera  £ 
construed  to  include  coal  and  iron  land.    And  any  certain  lands 
lands  granted  by  this  act  or  the  act  to  which  this  isSu  tobegrant" 
an  amendment,  shall  not  defeat  or  impair  any  pre- 
emption, homestead,  swamp  land,  or  other  lawful 
claim,  nor  include  any  government  reservation  or 
mineral  lands,  or  the  improvements  of  any  bona 
fide  settler,  on  any  lands  returned  and  denomi- 
nated as  mineral  lands,  and  the  timber  necessary 
to  support  his  said  improvements  as  a  miner  or 
agriculturist,  to  be  ascertained  under  such  rules 
as  have  been  or  may  be  established  by  the  Com- 
missioner of  the  General  Land  Office,  in  conform- 
ity with  the  provisions  of  the  pre-emption  laws : 
Provided,  That  the  quantity  thus  exempted  by  lap  acres  only 
the  operation  of  this  act  and  the  act  to  which ex 
this  act  is  an  amendment,  shall  not  exceed  160 
acres  for  each  settler  who  claims  as  an  agricultur- 
ist, and  such  quantity  for  each  settler  wTho  claims 


30 


Timber  to  be 
company's. 
Sec.  3,  1862. 


Other  lands 
exempted. 


Time  extended 
one  year.  Sec. 
10,1862,  amend- 
ed. 


25  miles  per 
year.  Four  years 
to  state  line. 


Government  to 
pay  one-half 
lor  services. 


as  a  miner,  as  the  said  Commissioner  may  estab- 
lish by  general  regulation:  Provided,  also,  That 
the  phrase,  "but  where  the  same  shall  contain 
timber,  the  timber  thereon  is  hereby  granted  to 
said  company,"  in  the  proviso  to  said  section 
three,  shall  not  apply  to  the  timber  growing  or 
being  on  any  land  farther  than  ten  miles  from  the 
centre  line  of  any  one  of  said  roads  or  branches 
mentioned  in  said  act,  or  in  this  act.  And  all 
lands  shall  be  excluded  from  the  operation  of 
this  act,  and  of  the  act  to  which  this  act  is  an 
amendment,  which  were  located,  or  selected  to 
be  located,  under  the  provisions  of  an  act  entitled 
"An  act  donating  lands  to  the  several  states  and 
territories  which  may  provide  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts," 
approved  July  2,  1862,  and  notice  thereof  given 
at  the  proper  land  office. 

Sec.  5.  And  be  it  further  enacted,  That  the  time 
for  designating  the  general  route  of  said  railroad, 
and  of  filing  the  map  of  the  same,  and  the  time 
for  the  completion  of  that  part  of  the  railroads 
required  by  the  terms  of  said  act  of  each  com- 
pany, be,  and  the  same  is  hereby,  extended  one 
year  from  the  time  in  said  act  designated ;  *  and 
that  the  Central  Pacific  Railroad  Company  of 
California  shall  be  required  to  complete  twenty- 
five  miles  of  their  said  road  in  each  year  there- 
after, and  the  whole  to  the  state  line  within  four 
years,  and  that  only  one  half  of  the  compensation 
for  services  rendered  for  the  government  by  said 
companies  shall  be  required  to  be  applied  to  the 
payment  of  the  bonds  issued  by  the  government 
in  aid  of  the  construction  of  said  roads.f 


*By  joint  resolution  of  Congress,  approved  March  3, 1865,  it  is  provided,— "That  all  maps, 
profiles,  and  other  drawings,  together  with  estimates  and  reports  connected  with  explorations 
and  surveys  for  the  Pacific  Railroad,  made  under  the  authority  of  the  government,  and  all 
other  information  upon  the  subject  of  said  road  in  the  possession  of  any  department  of  the 

fovernment,  be  transferred  to  the  Department  of  the  Interior;  and  that  the  Secretary  of  the 
nterior  be  authorized  to  furnish  copies  of  the  same,  free  of  charge,  to  the  Union  Pacific  Rail- 
road Company,  so  far  as  they  may  be  useful  in  aiding  said  company  in  determining  the  proper 
route  for  said  road." 


t  See  note  on  page  11. 


31 

Sec.  6.  And   be  it  further   enacted,   That   the 
proviso  to  section  four  of  said  act  is  hereby  mod-  me0%|ed86t2£ree 
ified  as  follows,  viz. :   And   the  President  of  the  commissioners, 
United  States  is  hereby  authorized,  at  any  time 
after  the  passage  of  this  act,  to  appoint  for  each 
and  every  of  said  roads  three  commissioners,  as 
provided  for  in  the  act  to  which  this  act  is  amend- 
atory ;  and  the  verified  statement  of  the  president  Affidavit,  &c, 
of  the  California  company,  required  by  said  sec-cfoCtoPbeKfii^d 
tion  four,  shall  be  filed  in  the  office  of  the  United in  Calitornia- 
States  surveyor-general  for  the  state  of  California, 
instead  of  being  presented  to  the  President  of 
the  United  States ;  and  the  said  surveyor-general 
shall  thereupon  notify  the  said  commissioners  of 
the  filing  of  such  statement,  and  the  said  com- 
missioners shall  thereupon  proceed  to  examine 
the  portion  of  said  railroad  and  telegraph  line  so 
completed,  and  make  their  report  thereon  to  the 
President  of  the  United  States,  as  provided  by 
the  act  of  which  this  is  amendatory.     And  such 
statement  may  be  filed,  and   such   railroad  and 
telegraph  line  be  examined  and  reported  on  by 
the  said  commissioners,  and  the  requisite  amount 
of  bonds  may  be  issued  and  the  lands  appertain- 
ing  thereto  may  be  set  apart,  located,  entered,  Lands  patent- 
and  patented,  as  provided  in  this  act  and  the  actW  Aisols'ec! 
to  which  this  is  amendatory,  upon  the  construe-  ' 
tion  by  said  railroad  company  of  California  of 
any  portion  of  not  less  than  twenty  consecutive 
miles  of  their  said  railroad  and  telegraph   line, 
upon  the  certificate  of  said  commissioners  that 
such  portion  is  completed  as  required  by  the  act 
to  which  this  is  amendatory.     And  section  ten  of 
the  act  of  which  this  is  amendatory  is   hereby  sec  10, 1862, 
amended  by  inserting,  after  the  words  "  United amended- 
States,"  in  the  last  clause,  the  words  "  and  states 
intervening." 

Sec.  7.  And  be  it  further  enacted,  That  so  much 
of  section  seventeen  of  said  act  as  provides  for  a 


32 

bond7byisec0f  reservation  by  the  government  of  a  portion  of 

17, 1862,  repeal- the  bonds  to  be  issued  to  aid  in  the  construction 

of  the  said  railroads  is  hereby  repealed.     And  the 

failure  of  any  one  company  to  comply  fully  with 

Failure  of  one  the  conditions  and  requirements  of  this  act,  or 

to?K7others.  the  act  to  which  this  is  amendatory,   shall   not 

altered.1862'    work  a   forfeiture    of  the   rights,   privileges,   or 

franchise  of  any  other   company   or   companies 

that  shall  have  complied  with  the  same. 

Sec.  8.  And  be  it  further  enacted,  That  for  the 
purpose  of  facilitating  the  work  on  said  railroad, 
and  of  enabling  the  said  company  as   early    as 
practicable  to  commence  the  grading  of  said  rail- 
road in  the  region  of  the  mountains,  between  the 
boanrdfonSun-of  eastern  base  of  the  Eocky  Mountains   and   the 
woTk.leted       western  base  of  the  Sierra  Nevada  Mountains,  so 
modified.862,    ^na^  t,ne  same  may  De  finally  completed  within 
the  time  required  by  law,  it  is  hereby  provided 
that  whenever  the  chief  engineer   of  the   said 
company,  and  said  commissioners,  shall   certify 
that  a  certain  proportion  of  the  work  required  to 
prepare  the  road  for  the  superstructure  on  any 
such  section  of  twenty  miles  is  done  (which  said 
certificate  shall  be  duly  verified),  the  Secretary 
of  the  Treasury  is  hereby  authorized  and  requir- 
ed, upon  the  delivery  of  such  certificate,  to  issue 
two  thirds  on  *°  sa*^  company  a  proportion  of  said  bonds,  not 
fioandsed  see" sec  exceea"ing   two  thirds  of  the  amount  of  bonds 
e  of  this  act.  '  authorized  to  be  issued  under  the  provisions  of 
the  act,  to  aid  in  the  construction  of  such  section 
of  twenty  miles,  nor  in  any  case  exceeding  two 
thirds  of  the  value  of  the  work  done.     The  re- 
maining one  third  to  remain  until  the  said  section 
is  fully  completed  and  certified  by  the  commis- 
sioners appointed  by  the  President,  according  to 
the  terms  and  provisions  of  the  said  act.     And 
ciiin  of  receive'  no  sucn  bonds  shall  issue  to  the  Union   Pacific 
8ooSS2ta"d.  Railroad  Company  for  work  done  west   of  Salt 
saitTakecity.  I^ke   City  under  this  section,  more  than  three 


33 

hundred  miles  in  advance  of  the  completed  con- 
tinuous line  of  said  railroad  from  the  point  of 
beginning  on  the  one  hundredth  meridian  of  lon- 
gitude. 

Sec.  9.  And  be  it  further  enacted,  That,  to  ena- 
ble any  one  of  said  corporations  to  make  conven- 
ient and  necessary  connections  with  other  roads,  brr7drgeeSs.and 
it  is  hereby  authorized  to  establish  and  maintain 
all  necessary  ferries  upon  and  across  the  Missouri 
river  and  other  rivers  which  its  road  may  pass  in 
its  course ;  and  authority  is  hereby  given  said 
corporation  to  construct  bridges  over  said  Missouri 
river  and  all  other  rivers  for  the  convenience  of 
said  road  #  :  Provided,  That  any  bridge  or  bridges 
it  may  construct  over  the  Missouri  river,  or  any 
other  navigable  river  on  the  line  of  said  road, 
shall  be  constructed  with  suitable  and  proper 
draws  for  the  passage  of  steamboats,  and  shall  be 
built,  kept,  and  maintained,  at  the  expense  of  said 
company,  in  such  manner  as  not  to  impair  the 
usefulness  of  said  river  for  navigation  to  any 
greater  extent  than  such  structures  of  the  most 
approved  character  necessarily  do  :  And  provided 
further,  That  any  company  authorized  by  this  act  Roads  may 
to  construct  its  road  and  telegraph  line  from  the  ofSaiTomt. 

*An  act  to  authorize  the  Union  Pacific  Eailroad  Company  to  issue  its  Bonds  to  construct  a 
Bridge  across  the  Missouri  river  at  Omaha,  Nebraska,  and  Council  Bluffs,  Iowa. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  for  the  more  perfect  connection  of  any  railroads  that  are  or  shall  be 
constructed  to  the  Missouri  river,  at  or  near  Council  Bluffs,  Iowa,  and  Omaha,  Nebraska,  the 
Union  Pacific  Railroad  Company  be,  and  it  is  hereby,  authorized  to  issue  such  bonds,  and  secure 
the  same  by  mortgage  on  the  bridge  and  approaches  and  appurtenances,  as  it  may  deem  needful 
to  construct  and  maintain  its  bridge  over  said  river,  and  the  tracks  and  depots  required  to  per- 
fect the  same,  as  now  authorized  by  law  of  congress;  and  said  bridge  may  be  so  constructed 
as  to  provide  for  the  passage  of  ordinary  vehicles  and  travel,  and  said  company  may  levy  and 
collect  tolls  and  charges  tor  the  use  of  the  same;  and  for  the  use  and  protection  of  said  bridge 
and  property  the  Union  Pacific  Railway  Company  shall  be  empowered,  governed,  and  limited 
by  the  provisions  of  the  act  entitled  **  an  act  to  authorize  the  construction  of  certain  bridges, 
and  to  establish  them  as  post  roads,"  approved  July  twenty-five,  eighteen  hundred  and  sixty- 
six,  so  far  as  the  same  is  applicable  thereto :  And  provided,  That  nothing  in  this  act  shall  be  so 
construed  as  to  change  the  eastern  terminus  of  the  Union  Pacific  Railroad  from  the  place 
where  it  is  now  fixed  under  existing  laws,  nor  to  release  said  Union  Pacific  Railroad  Company, 
or  its  successors,  from  its  obligation  as  established  by  existing  laws:  Provided,  also,  That  con- 
gress shall  at  all  times  have  power  to  regulate  said  bridge,  and  the  rates  for  the  transportation 
of  freiglit  and  passengers  over  the  same,  and  the  local  travel  hereinbefore  provided  for.  And 
the  amount  of  bonds  herein  authorized  shall  not  exceed  two  and  a  half  millions  of  dollars: 
Provided,  That  if  said  bridge  shall  be  constructed  as  a  draw  bridge,  the  same  shall  be  con- 
structed with  spans  of  not  less  than  two  hundred  feet  in  length  in  the  clear  on  each  side  of  the 
central  or  pivot  pier  of  the  draw. 

Approved  February  24, 1871. 


34 

Missouri  river  to  the  initial  point  aforesaid,  may 
construct  its  road  and  telegraph  line  so  as  to  con- 
nect with  the  Union  Pacific  Railroad  at  any  point 
westwardly  of  such  initial  point,  in  case  such  com- 
pany shall  deem  such  westward  connection  more 
practicable  or  desirable  ;  and  in  aid  of  the  con- 
struction of  so  much  of  its  road  and  telegraph 
line  as  shall  be  a  departure  from  the  route 
hereinbefore  provided  for  its  road,  such  com- 
pany shall  be  entitled  to  all  the  benefits  and  be 
subject  to  all  the  conditions  and  restrictions  of 
this  act :  Provided  further,  hoivever,  That  the  bonds 
of  the  United  States  shall  not  be  issued  to  such 

amouSfof  company  for  a  greater  amount  than  is  hereinbe- 
fore provided,  if  the  same  had  united  with  the 
Union  Pacific  Railroad  on  the  one  hundredth  de- 
gree of  longitude  ;  nor  shall  such  company  be  en- 
titled to  receive  any  greater  amount  of  alternate 
sections  of  public  lands  than  are  also  herein  pro- 
vided. 

Sec.  10.  And  be  it  further  enacted,  That  section 
five  of  said  act  be  so  modified  and  amended  that 
the  Union  Pacific  Railroad  Company,  the  Central 

First  Mortgage  Pacific  Railroad  Company,  and  any  other  company 

Bonds  may  .         .        ,  ,    f      ."  '  .  .     J  •  n 

have  Hen,  prior  authorized  to  participate  m  the  construction  of 
ments.  said  road,  may,  on  the  completion  of  each  section 

of  said  road,  as  provided  in  this  act  and  the  act 
to  which  this  act  is  an  amendment,  issue  their  first 
mortgage  bonds  on  their  respective  railroad  and 
telegraph  lines  to  an  amount  not  exceeding  the 
amount  of  the  bonds  of  the  United  States,  and  of 
ofiiS0' h  Act  even  tenor  and  date,  time  of  maturity,  rate  and 
character  of  interest,  with  the  bonds  authorized 
to  be  issued  to  said  railroad  companies  respectively. 
Lien  of  u.  s.    And  the  lien  of  the  United  States  bonds  shall  be 
SSord^nate,    subordinate  to  that  of  the  bonds  of  any  or  either 
of  said  companies  hereby  authorized  to  be  issued 
on  their  respective  roads,  property,  and  equip- 
ments, except  as  to  the  provisions  of  the  sixth 


Sec.  5, 1862, 
modified. 


&c. 


35 

section  of  the  act  to  which  this  act  is  an  amend- 
ment, relating  to  the  transmission  of  dispatches, 
and  the  transportation  of  mails,  troops,  munitions 
of  war,  supplies,  and  public  stores  for  the  govern- 
ment of  the  United  States.  And  said  section  is 
further  amended  by  striking  out  the  word  "  forty," 
and  inserting  in  lieu  thereof  the  words  u  on  each  20. mn^  instead 
and  every  section  of  not  less  than  twenty."  jj  ^5,  Act 

Sec.  11.  And  be  it  further  enacted,  That,  if  any 
of  the  railroad  companies,  entitled  to  bonds  of  the 
United  States  or  to  issue  their  first  mortgage  rrovisionfiw 
bonds  herein  provided  for,  has,  at  the  time  of  the  issued  by  any 
approval  of  this  act,  issued  or  shall  thereafter  issue 
any  of  its  own  bonds  or  securities  in  such  form 
and  manner  as  in  law  or  equity  to  entitle  the 
same  to  priority  or  preference  of  payment  to  the 
said  guaranteed  bonds,  or  said  first  mortgage 
bonds,  the  amount  of  such  corporate  bonds  out- 
standing and  unsatisfied,  or  uncancelled,  shall  be 
deducted  from  the  amount  of  such  government 
and  first  mortgage  bonds  which  the  company  may 
be  entitled  to  receive  and  issue;  and  such  an 
amount  only  of  such  government  bonds  and  such 
first  mortgage  bonds  shall  be  granted,  or  permit- 
ted, as,  added  to  such  outstanding,  unsatisfied,  or 
uncancelled  bonds  of  the  company,  shall  make  up 
the  whole  amount  per  mile  to  which  the  company 
would  otherwise  have  been  entitled:  And  pro-  Affidavit  or 
vided  further,  That,  before  any  bonds  shall  be  so  standing  com- 
given  by  the  United  States,  the  company  claim- pa 
ing  them  shall  present  to  the  secretary  of  the 
treasury  an  affidavit  of  the  president  and  secre- 
tary of  the  company,  to  be  sworn  to  before  the 
judge  of  a  court  of  record,  setting  forth  whether 
said  company  has  issued  any  such  bonds  or  securi- 
ties, and,  if  so,  particularly  describing  the  same, 
and  such  other  evidence  as  the  secretary  may  re- 
quire, so, as  to  enable  him  to  make  the  deduction 
herein  required ;  and  such  affidavit  shall  then  be 


36 

filed  and  deposited  in  the  office  of  the  secretary 
of  the  interior,  and  any  person  swearing  falsely 
to  any  such  affidavit  shall  be  deemed  guilty  of  per- 
jury, and,  on  conviction  thereof,  shall  be  punished 
as  aforesaid  :  Provided,  also,  That  no  land  granted 
by  this  act  shall  be   conveyed    to  any  party  or 

no  land  or      parties,  and  no  bonds  shall  be  issued  to  any  corn- 
bonds  to  go  to   -1  .  .  .  J 

anyco.onroadpany  or  companies,  party  or  parties,  on  account 

made  prior  to     rp     J  -,    r  i.     ,i  p  i  •  xi 

Act  of  1862.      of  any  road  or  part  thereof,  made  prior  to  the 
passage  of  the  act  to  which  this  act  is  an  amend- 
ment, or  made  subsequent  thereto,  under  the  pro- 
visions of  any  act  or  acts  other  than  this  act  and 
the  act  amended  by  this  act. 
andL^wrenoe       ^ec.  ^'  ^nd  be  it  further  enacted,  That  the 
bonds' no        Leavenworth,  Pawnee  &  Western  Railroad  Com- 
pany, now  known  as  the  Union  Pacific  Railroad 
Company,  eastern  division,  shall  build  the  railroad 
from   the  mouth  of  Kansas  river,  by  the  way  of 
Leavenworth,  or,  if  that  be  not  deemed  the  best 
route,  then  the   said  company  shall,  within  two 
years,  build  a  railroad  from  the  city  of  Leaven- 
worth to  unite  with  the  main  stem  at  or  near  the 
city  of  Lawrence;  but  to  aid  in  the  construction 
of  said  branch  the  said  company  shall  not  be  en- 
if  bunt  to  looth  titled  to  any  bonds.     And,  if  the  Union  Pacific 
^focelTi™7  Railroad  Company  shall  not  be  proceeding  in  good 
r.  e!        '  '  faith  to  build  the  said  railroad  through  the   terri- 
tories when  the  Leavenworth,  Pawnee  &  Western 
Railroad  Company,  now  known  as  the  Union  Pa- 
cific Railroad    Company,  eastern    division,   shall 
have  completed  their  road  to  the  hundredth  de- 
gree of  longitude,  then  the   last  named  company 
may  proceed  to  make  said   road  westward  until 
it  meets  and  connects  with  the  Central   Pacific 
Railroad  Company  on  the  same  line.     And  the 
LL7renc°efand  said  railroad,  from  the  mouth  of  Kansas  river  to 
po?iteatowoth  the  one  hundredth  meridian  of  longitude,  shall  be 
S^atTine^no81  made  by  the  way  of  Lawrence  and  Topeka,  or  on 
iSSed^&c!1  be  the  bank  of  the  Kansas  river  opposite  said  towns : 


37 

Provided,  That  no  bonds  shall  be  issued  or  land 
certified  by  the  United  States  to  any  person  or 
company  for  the  construction  of  any  part  of  the 
main  trunk  line  of  said  railroad  west  of  the  one 
hundredth  meridian  of  longitude  and  east  of  the 
Rocky  Mountains,  until  said  road  shall  be  com- 
pleted from  or  near  Omaha,  on  the  Missouri  riv- 
er, to  the  said  one  hundredth  meridian  of  longi- 
tude. 

Sec.  13.  And  be  it  farther  enacted,  That  at  and 
after  the  next  election  of  directors,  the  number 
of  directors  to   be   elected   by  the  stockholders  Directors  15, 
shall  be  fifteen ;  and  the  number  of  directors  to  Sto™?? 
be  appointed  by  the  President  shall  be  five  ;  and  modified.  ' 
the  President  shall  appoint  three  additional  direct- 
ors to  serve  until  the  next  regular  election,  and 
thereafter  five   directors.     At  least  one  of  said  one  govern- 

t  i  i  ment  director 

government  directors  shall  be  placed  on  each  of  on  committees. 
the  standing  committees  of  said  company,  and  at 
least  one  on  every  special  committee  that  may  be 
appointed.     The  government  directors  shall,  from  ^e™rmenfL 
time  to  time,  report  to  the  Secretary  of  the  Inte-port,  &c. 
rior,  in  answer  to  any  inquiries  he  may  make  of 
them,   touching  the  condition,  management,  and 
progress  of  the  work ;  and  shall  communicate  to 
the  Secretary  of  the  Interior,  at  any  time,  such 
information  as  should  be  in  the  possession  of  the  £0  visit  road, 
department.     They  shall,  as  often  as  may  be  nec- 
essary to  a  full  knowledge  of  the  condition  and 
management  of  the  line,  visit  all  portions  of  the 
line  of  the  road,   whether   built    or    surveyed; 
and,  while  absent  from  home,  attending  to  their 
duties  as   directors,  shall   be   paid    their    actual 
travelling    expenses,  and   be    allowed    and   paid 
such   reasonable    compensation    for    their    time 
actually  employed  as  the  board  of  directors  may 

decide.  Directors  when 

Sec.  14.  And  be  it  further   enacted,  That  theS?eredTseo.i, 
next  election  for  directors  of  said  railroad  shall  J?£ for  one  ' 


38 


be  held  on  the  first  Wednesday  of  October  *  next, 
at  the  office  of  said  company  in  the  city  of  New 
York,  between  the  hours  of  ten  o'clock  a.  m.  and 
four  o'clock  p.  M.  of  said  day ;  and  all  subsequent 
regular  elections  shall  be  held  annually  there- 
after at  the  same  place  ;t  and  the  directors  shall 
hold  their  office  for  one  year,  and  until  their 
successors  are  qualified. 

Sec.  15.  And  be  it  further  enacted,  That  the 
nine!inseesec.  several  companies  authorized  to  construct  the 
12,  ict  of  1862.  aforesaid  roads  are  hereby  required  to  operate 
and  use  said  roads  and  telegraph  for  all  purposes 
of  communication,  travel,  and  transportation,  so 
far  as  the  public  and  the  government  are  con- 
cerned, as  one  continuous  line ;  and,  in  such 
operation  and  use,  to  afford  and  secure  to  each 
equal  advantages  and  facilities  as  to  rates,  time, 
and  transportation,  without  any  discrimination  of 


Eoad  to  be 
used  as  one 


*  Changed  by  Joint  Resolution  approved  December  20, 1867,  as  follows : 

Joint  Resolution  changing  the  time  of  holding  the  annual  meeting  of  the  stockholders  of  the 
Union  Pacilic  Kailroad  Company. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  the  time  of  holding  the  annual  meeting  of  the  stockholders  of  the 
Union  Pacific  Railroad  Company,  for  the  choice  of  directors,  is  hereby  changed  from  the  first 
Wednesday  in  October  to  the  first  Wednesday  following  the  fourth  day  of  March,  and  the 
stockholders  are  authorized  to  determine  the  place  at  which  such  annual  meeting  shall  be  held 
at  the  last  annual  meeting  of  the  stockholders  immediately  preceding  such  annual  meeting: 
Provided,  The  same  shall  be  held  at  either  of  the  cities  of  New  York,  Washington,  Boston,  Balti- 
more, Philadelphia,  Cincinnati,  Chicago,  or  St.  Louis:  And  provided  further,  That  on  the 
election  of  directors  herein  provided  for,  to  take  place  in  March,  Anno  Domini  eighteen  hun- 
dred and  sixty-eight,  the  terms  of  office  of  all  persons  then  acting  or  claiming  the  right  to  act 
as  directors  of  said  company,  shall  cease  and  determine. 

t  Having  elected  to  continue  the  meetings  in  New  York,  the  harassing  judicial  experience  to 
which  the  company  and  its  members  were  subjected  in  that  city  led  to  the  enactment  by  Con- 
gress of  the  second  section  of  the  act  of  July  27.  1868,  which  provides : 

"  That  any  corporation,  or  any  member  thereof,  other  than  a  banking  corporation,  organized 
under  a  law  of  the  United  States,  and  against  which  a  suit  at  law  or  in  equity  has  been  or  may 
be  commenced  in  any  court  other  than  a  circuit  or  district  court  of  the  United  States,  for  any 
liability  or  alleged  liability  of  such  corporation,  or  any  member  thereof  as  such  member,  may 
have  such  suit  removed  from  the  court  in  which  it  may  be  pending,  to  the  proper  circuit  or 
district  court  of  the  United  States,  upon  filing  a  petition  therefor,  verified  by  oath,  either 
before  or  after  issue  joined,  stating  that  they  have  a  defence  arising  under  or  by  virtue  of  the 
constitution  of  the  United  States,  or  any  treaty  or  law  of  the  United  Slates,  and  offering  good 
and  sufficient  surety  for  entering  in  such  court,  on  the  first  day  of  its  session,  copies  of  all 
process,  pleadings,  depositions,  testimony,  and  other  proceedings  in  said  suit,  and  doing  such 
other  appropriate  acts  as  are  required  to  be  done  by  the  act  entitled  'An  act  for  the  removal  of 
causes  in  certain  cases  from  state  courts,'  approved  July  twenty-seventh,  eighteen  hundred  and 
sixty-six;  and  it  shall  be  thereupon  the  duty  of  the  court  to  accept  the  surety  and  proceed  no 
further  in  the  suit;  and  the  said  copies  being  entered  as  aforesaid  in  such  court  of  the  United 
States,  the  suit  shall  then  proceed  in  the  same  manner  as  if  it  had  been  brought  there  by 
original  process,  and  all  of  the  provisions  of  said  act  in  this  section  referred  to,  respecting  any 
bail,  attachment,  injunction,  or  other  restraining  process,  and  respecting  any  bond  of  indemnity 
or  other  obligation  given  upon  the  issuing  or  granting  of  any  attachment,  injunction,  or  other 
restraining  process,  shall  apply  with  like  force  and  effect  in  all  respects  to  similar  matters, 
process,  or  things  in  the  suits  for  the  removal  of  which  this  act  provides." 

The  same  cause  led  to  the  passage  by  congress  of  the  first  section  of  the  Joint  Resolution  of 
April  10,  1869,  and  which  resolution  is  given  entire  on  a  subsequent  page. 


39 

any  kind  in  favor  of  the  road  or  business  of  any 
or  either  of  said  companies,  or  adverse  to  the 
road  or  business  of  any  or  either  of  the  others. 
And  it  shall  not  be  lawful  for  the  proprietors  of  Must .telegraph 

r      ,r.  tor  all  persons. 

any  line  of  telegraph  authorized  by  this  act,  or  ge^sec.  19,  act 
the  act  amended  by  this  act,  to  refuse  or  fail  to 
convey  for  all  persons  requiring  the  transmission 
of  news  and  messages  of  like  character,  on  pain 
of  forfeiting  to  the  person  injured,  for  each  offence, 
the  sum  of  one  hundred  dollars,  and  such  other 
damage  as  he  may  have  suffered  on  account  of 
said  refusal  or  failure,  to  be  sued  for  and  recover- 
ed in  any  court  of  the  United  States,  or  of  any 
state  or  territory  of  competent  jurisdiction. 

Sec.  16.  And  be  it  further  enacted,  That  any 
two  or  more  of  the  companies,  authorized  to 
participate  in  the  benefits  of  this  act,  are  hereby 
authorized  at  any  time  to  unite  and  consolidate  companies  may 

,      .  .      '       *  -  consolidate. 

their  organizations,  as  the  same  ma}^  or  shall  he,seesec.gi6,_ 
upon  such  terms  and  conditions  and  in  such  ai»o  sec.  10,' 
manner  as  they  may  agree  upon,  and  as  shall  not 
be  incompatible  with  this  act  or  the  laws  of  the 
state  or  states  in  which  the  roads  of  such  com- 
panies may  be,  and  to  assume  and  adopt  such 
corporate  name  and  style  as  they  may  agree  upon, 
with  a  capital  stock  not  to  exceed  the  actual  cost 
of  the  roads  so  to  be  consolidated,  and  shall  file  a 
copy  of  such  consolidation  in  the  Department  of 
the  Interior  •  and  thereupon  such  organization,  so 
formed  and  consolidated,  shall  succeed  to,  possess, 
and  be  entitled  to  receive  from  the  government 
of  the  United  States,  all  and  singular  the  grants, 
benefits,  immunities,  guaranties,  acts,  and  things 
to  be  done  and  performed,  and  be  subject  to  the 
same  terms,  conditions,  restrictions,  and  require- 
ments which  said  companies,  respectively  at  the 
time  of  such  consolidation,  are  or  may  be  entitled 
or  subject  to  under  this  act,  in  place  and  substitu- 
tion of  said  companies  so  consolidated,  respective- 


40 

ly.  And  all  other  provisions  of  this  act,  so  far  as 
applicable,  relating  or  in  any  manner  appertaining 
to  the  companies  so  consolidated,  or  either  there- 
of, shall  apply  and  be  of  force  as  to  such  consoli- 
dated organization.  And  in  case,  upon  the  com- 
pletion by  such  consolidated  organization  of  the 
roads  or  either  of  them,  of  the  companies  so 
consolidated,  any  other  of  the  road  or  roads  of 
either  of  the  other  companies  authorized  as  afore- 
said (and  forming,  or  intended  or  necessary  to 
form,  a  portion  of  a  continuous  line  from  each  of 
the  several  points  on  the  Missouri  river,  herein- 
before designated,  to  the  Pacific  coast),  shall  not 
have  constructed  the  number  of  miles  of  its  said 
road  within  the  time  herein  required,  such  con- 
solidated organization  is  hereby  authorized  to 
continue  the  construction  of  its  road  and  telegraph 
consolidated  in  the  general  direction  and  route  upon  which 
buiid  portion  such  incomplete  or  unconstructed  road  is  herein- 
uncompieted  by  before  authorized  to  be  built,  until  such  continua- 
tion of  the  road  of  such  consolidated  organization 
shall  reach  the  constructed  road  and  telegraph  of 
said  other  company,  and  at  such  point  to  connect 
and  unite  therewith ;  and  for  and  in  aid  thereof 
the  said  consolidated  organization  may  do  and 
perform,  in  reference  to  such  portion  of  road  and 
telegraph  as  shall  so  be  in  continuation  of  its 
constructed  road  and  telegraph,  and  to  the  con- 
struction and  equipment  thereof,  all  and  singular 
the  several  acts  and  things  hereinbefore  provided, 
authorized,  or  granted  to  be  done  by  the  company 
hereinbefore  authorized  to  construct  and  equip 
the  same,  and  shall  be  entitled  to  similar  and  like 
grants,  benefits,  immunities,  guaranties,  acts,  and 
things  to  be  done  and  performed  by  the  govern- 
ment of  the  United  States,  by  the  President  of 
the  United  States,  by  the  Secretaries  of  the  Treas- 
ury and  Interior,  and  by  commissioners,  in  refer- 
ence to  such  company,  and  to  such  portion  of  the 


41 

road  hereinbefore  authorized  to  be  constructed  by 
it,  and  upon  the  like  and  similar  terms  and  condi- 
tions so  far  as  the  same  are  applicable  thereto. 
And  said  consolidated  company  shall  pay  to  said  Powers  and 
defaulting  company  the  value,  to  be  estimated  by  eoudated  or?" 
competent  engineers,  of  all  the  work  done  andgamzaion 
material  furnished  by  said  defaulting  company, 
which  may  be  adopted  and  used  by  said  consoli- 
dated company  in  the  progress  of  the  work  under 
the  provisions  of  this  section :  Provided,  nevertheless, 
That  said  defaulting  company  may,  at  any  time  be- 
fore receiving  pay  for  its  said  work  and  material,  as 
hereinbefore  provided,  on  its  own  election,  pay 
said  consolidated  company  the  value  of  the  work 
done  and  material  furnished  by  said  consolidated 
company,  to  be  estimated  by  competent  engineers, 
necessary  for  and  used  in  the  construction  of  the 
road  of  said  defaulting  company,  and  resume  the 
control  of  its  said  road  ;  and  all  the  rights,  benefits, 
and  privileges  which  shall  be  acquired,  possessed, 
or  exercised,  pursuant  to  this  section,  shall  be  to 
that  extent  an  abatement  of  the  rights,  benefits, 
and  privileges  hereinbefore  granted  to  such  other 
company.  And  in  case  any  company  authorized 
thereto  shall  not  enter  into  such  consolidated 
organization,  such  company,  upon  the  completion 
of  its  road  as  hereinbefore  provided,  shall  be  en- 
titled to,  and  is  hereby  authorized  to,  continue 
and  extend  the  same  under  the  circumstances, 
and  in  accordance  with  the  provisions  of  this  sec- 
tion, and  to  have  all  the  benefits  thereof,  as  fully 
and  completely  as  are  herein  provided  touching 
such  consolidated  organization.  And  in  case 
more  than  one  such  consolidated  organization 
shall  be  made,  pursuant  to  this  act,  the  terms  and 
conditions  of  this  act,  hereinbefore  recited  as  to 
one,  shall  apply  in  like  manner,  force,  and  effect 
to  the  other.  Provided,  however,  That  rights  and 
interests  at  any  time  acquired  by  one  such  con- 


42 

solidated  organization  shall  not  be  impaired  by 
another  thereof.  It  is  further  provided  'that, 
ScmcRoaT1  snould  the  Central  Pacific  Eailroad  Company  of 
Eaf/emTiSe  of  California  complete  their  line  to  the  eastern  line 
Joon^o'i^fes  of  tlie  state  of  California  before  the  line  of  the 
sVc^io.Tse™61'^11^11  Pacific  Railroad  Company  shall  have  been 
seTsecH",  1866°  extended  westward  so  as  to  meet  the  line  of  said 
first  named  company,  said  first  named  company 
may  extend  their  line  of  road  eastward  one  hun- 
dred and  fifty  miles*  on  the  established  route,  so 
as  to  meet  and  connect  with  the  line  of  the 
Union  Pacific  road,  complying  in  all  respects  with 
the  provisions  and  restrictions  of  this  act  as  to 
said  Union  Pacific  road,  and  upon  doing  so  shall 
enjoy  all  the  rights,  privileges,  and  benefits  con- 
ferred by  this  act  on  said  Union  Pacific  Railroad 
Company, 
amended  w2to  Sec.  17.  And  be  it  further  enacted,  That  so 
ir0and?iioad.  much  of  section  fourteen  of  said  act  as  relates  to 
a  branch  from  Sioux  City,  be,  and  the  same  is 
hereby,  amended  so  as  to  read  as  follows :  That 
whenever  a  line  of  railroad  shall  be  completed 
through  the  states  of  Iowa  or  Minnesota  to  Sioux 
City,  such  company,  now  organized  or  as  may 
hereafter  be  organized  under  the  laws  of  Iowa, 
Minnesota,  Dakota,  or  Nebraska,  as  the  President 
of  the  United  States,  by  its  request,  may  designate 
or  approve  for  that  purpose,  shall  construct  and 
operate  a  line  of  railroad  and  telegraph  from 
Sioux  City,  upon  the  most  direct  and  practicable 
route,  to  such  a  point  on,  and  so  as  to  connect 
with,  the  Iowa  branch  of  the  Union  Pacific  Rail- 
road from  Omaha,  or  the  Union  Pacific  Railroad, 
as  such  company  may  select,  and  on  the  same 
terms  and  conditions  as  are  provided  in  this  act 
and  the  act  to  which  this  is  an  amendment,  for 


*  Amended  by  the  act  of  July  3, 1866,  so  as  to  allow  the  Central  Pacific  to  continue  construct 
ing  eastward  until  it  should  meet  the  line  of  the  Union  Pacific. 


43 

the  construction  of  the  said  Union  (and)  Pacific 
Eailroad  and  telegraph  line  and  branches;  and 
said  company  shall  complete  the  same  at  the  rate 
of  fifty  miles  per  year :  Provided,  That  said  Union 
Pacific  Railroad  Company  shall  be,  and  is  hereby, 
released  from  the  construction  of  said  branch. 
And  said  company  constructing  said  branch  shall 
not  be  entitled  to  receive  in  bonds  an  amount 
larger  than  the  said  Union  Pacific  Railroad  Com- 
pany would  be  entitled  to  receive  if  it  had  con- 
structed the  branch  under  this  act  and  the  act  to 
which  this  is  an  amendment ;  but  said  company 
shall  be  entitled  to  receive  alternate  sections  of 
land  for  ten  miles  in  width  on  each  side  of  the 
same  along  the  whole  length  of  said  branch : 
And  provided  further,  That  if  a  railroad  should 
not  be  completed  to  Sioux  City,  across  Iowa  or 
Minnesota,  within  eighteen  months  from  the  date 
of  this  act,  then  said  company  designated  by  the 
President,  as  aforesaid,  may  commence,  continue, 
and  complete  the  construction  of  said  branch  as 
contemplated  by  the  provisions  of  this  act :  Pro- 
vided, however,  That  if  the  said  company  so  desig- 
nated by  the  President  as  aforesaid  shall  not 
complete  the  said  branch  from  Sioux  City  to  the 
Pacific  Railroad  within  ten  years  from  the  passage 
of  this  act,  then,  and  in  that  case,  all  of  the  rail- 
road which  shall  have  been  constructed  by  said 
company  shall  be  forfeited  to  and  become  the 
property  of  the  United  States. 

Sec.   18.    And  be  it  further  enacted,  That  the  Burlington  & 
Burlington  and  Missouri  River  Railroad  Company,  may  extend' 
a  corporation  organized  under  and  by  virtue  of roa  ' 
the  laws  of  the  state  of  Iowa,  be,  and  hereby  is, 
authorized  to  extend  its  road  through  the  ter- 
ritory  of   Nebraska    from    the   point   where   it 
strikes  the  Missouri  river,  south  of  the  mouth  of 
the  Platte  river,  to  some  point  not  further  west 
than  the  one  hundredth  meridian  of  west  longi* 


&c. 


44 

tude,  so  as  to  connect,  by  the  most  practicable 
route,  with  the  main  trunk  of  the  Union  Pacific 
Railroad,  or  that  part  of  it  which  runs  from 
Omaha  to  the  said  one  hundredth  meridian  of 
west  longitude.*  And  for  the  purpose  of  en- 
Right  of  way,  abling  said  Burlington  and  Missouri  River  Kail- 
road  Company  to  construct  that  portion  of  their 
road  herein  authorized,  the  right  of  way  through 
the  public  lands  is  hereby  granted  to  said  com- 
pany for  the  construction  of  said  road.  And  the 
right,  power,  and  authority  is  hereby  given  to 
said  company  to  take  from  the  public  lands 
adjacent  to  the  line  of  said  road,  earth,  stone, 
timber,  and  other  materials  for  the  construction 
thereof.  Said  right  of  way  is  granted  to  said 
company  to  the  extent  of  two  hundred  feet 
where  it  may  pass  over  the  public  lands,  including 
all  necessary  grounds  for  stations,  buildings, 
work-shops,  depots,  machine-shops,  switches,  side- 
u.  s.toex-  tracks,  turn-tables,  and  water-stations.  And  the 
tiS-hsecd£n  United  States  shall  extinguish,  as  rapidly  as  may 
be,  consistent  with  public  policy  and  the  welfare 
of  the  said  Indians,  the  Indian  titles  to  all  lands 
falling  under  the  operation  of  this  section  and 
required  for  the  said  right  of  way  and  grant  of 
land  herein  made. 

Sec.  19.  And  be  it  further  enacted,  That  for 
the  purpose  of  aiding  in  the  construction  of  said 
road,  there  be,  and  hereby  is,  granted  to  the  said 
Land  grants  to  Burlington  and  Missouri  River  Railroad  Company, 
M"rKnK°co.  every  alternate  section  of  public  land  (excepting 
mineral  lands  as  provided  in  this  act)  designated 
by  odd  numbers,  to  the  amount  of  ten  alternate 
sections  per  mile  on  each  side  of  said  road,  on 
the  line  thereof,  and  not  sold,  reserved,  or  other- 
wise disposed  of  by  the  United  States,   and   to 


*  Act  of  May  6, 1870,  authorizes  connection  to  he  made  at  or  near  the  Fort  Kearney  reserva- 
tion. 


45 

which  a  pre-emption  or  homestead  claim  ma}^ 
not  have  attached  at  the  time  the  line  of  said 
road  is  definitely  fixed  :  Provided,  That  said  com- 
pany shall  accept  this  grant  within  one  year  from 
the  passage  of  this  act,  by  filing  such  acceptance 
with  the  Secretary  of  the  Interior,  and  shall  also 
establish  the  line  of  said  road,  and  file  a  map 
thereof  with  the  Secretary  of  the  Interior  within 
one  year  of  the  date  of  said  acceptance,  when 
the  said  secretary  shall  withdraw  the  lands  em- 
braced in  this  grant  from  market. 

Sec.  20.  And  he  it  further  enacted,  That  when-  Burlington  i 
ever  said  Burlington  and  Missouri  Kiver  Eailroad  lands",  &'c.  °' 
Company  shall  have  completed  twenty  consecutive 
miles  of  the  road  mentioned  in  the  foreav>ma;  sec- 
tion,  in  the  manner  provided  for  other  roads 
mentioned  in  this  act  and  the  act  to  which  this  is 
an  amendment,  the  President  of  the  United  States 
shall  appoint  three  commissioners  to  examine  and 
report  to  him  in  relation  thereto ;  and  if  it  shall 
appear  to  him  that  twenty  "miles  of  said  road 
have  been  completed  as  required  by  this  act,  then, 
upon  certificate  of  said  commissioners  to  that 
effect,  patents  shall  issue  conveying  the  right  and 
title  to  said  lands  to  said  company  on  each  side 
of  said  road,  as  far  as  the  same  is  completed,  to 
the  amount  aforesaid ;  and  such  examination,  re- 
port, and  conveyance,  by  patents,  shall  continue 
from  time  to  time,  in  like  manner,  until  said  road 
shall  have  been  completed.  And  the  President 
shall  appoint  said  commissioners,  to  fill  vacancies 
in  said  commission,  as  provided  in  relation  to 
other  roads  mentioned  in  the  act  to  which  this  is 
an  amendment.  And  the  said  company  shall  be 
entitled  to  all  the  privileges  and  immunities 
granted  to  the  Hannibal  and  St.  Joseph's  Railroad 
Company  by  the  said  last  mentioned  act,  so  far 
as  the  same  may  be  applicable :  Provided,  That 
no  government  bonds  shall  be  issued  to  the  said 


46 

Burlington  and  Missouri  River  Railroad  Company 

to  aid  in  the  construction  of  said  extension  of  its 

Bonds.  road .  and  provided  further,  that  said  extension 

shall  be  completed  within  the  period  of  ten  years 

from  the  passage  of  this  act. 

^nveyedto1^      ^ec.  21.  And  be  it  further  enacted,  That  before 

umiictSapay  any  ^n^  granted  by  this  act  shall  be  conveyed  to 

&oJ  °secu4,i86i  any  c°mpany  or  party  entitled  thereto  under  this 

bee.  6, 1864.      act?  there  shall  first  be  paid  into  the  Treasury  of 

the  United  States  the  cost  of  surveying,  selecting, 

and  conveying  the  same  by  the  said  company,  or 

party  in  interest  as  the  titles  shall  be  required  by 

said  company,  which  amount  shall,  without  any 

further  appropriation,  stand  to  the  credit  of  the 

proper  account,  to  be  used  by  the  Commissioner 

of  the  General  Land  Office,  for  the  prosecution 

of  the  survey  of  the  public  lands  along  the  line 

of  said  road,  and  so  from  year  to  year,  until  the 

whole  shall  be  completed,  as  provided  under  the 

provisions  of  this  act* 

Sec.  22.  And  he' it  further  enacted,  That  Con- 
Seci8,i864.     gress  may  at  any  time,  alter,  amend,  or  repeal 
this  act. 

Approved  July  2,  1864. 


*In  the  act  of  July  15. 1870,  which,  among  many  other  appropriations,  contains  those  for  the 
survey  of  the  public  lands  within  the  limits  of  the  grant  of  this  company  in  Colorado,  Wyoming, 
and  Utah,  it  is  "-Provided,  That  the  foregoing  appropriations  for  the  surveys  of  public  lands 
within  the  limits  of  the  Union  Pacific  Railroad  Company's  land  grant  shall  be  conditional 
upon  the  compliance  of  said  company  or  party  in  interest  with  the  requirements  of  the  twenty- 
first  section  of  the  act  of  July  second,  eighteen  hundred  and  sixty-four." 


47 


AMENDMENT  OF  1865. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT  TO 
AID  IN  THE  CONSTRUCTION  OF  A  RAILROAD  AND 
TELEGRAPH  LINE  FROM  THE  MISSOURI  RIVER  TO 
THE  PACIFIC  OCEAN,  AND  TO  SECURE  TO  THE  GOV- 
ERNMENT THE  USE  OF  THE  SAME  FOR  POSTAL, 
MILITARY,  AND  OTHER  PURPOSES,"  APPROVED 
JULY  FIRST,  EIGHTEEN  HUNDRED  AND  SIXTY-TWO, 
AND  TO  AMEND  AN  ACT  AMENDATORY  THEREOF, 
APPROVED  JULY  SECOND,  EIGHTEEN  HUNDRED 
AND  SIXTY-FOUR. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  May  issue 
sentatives  of  the  United  States  of  America  in  Con-muSinla- 
gress  assembled,  That  section  ten  of  said  act  ofpfentedHfne?h> 
July  second,  eighteen  hundred  and  sixty-four,  be  inrantyPiaaywi)uf 
so  modified  and  amended  as  to  allow  the  Central  5Xey"  Sec'10, 
Pacific    Kailroad    Company,    and    the    Western 
Pacific  Railroad  Company,  of  California,  the  Union 
Pacific    Railroad    Company,    the    Union    Pacific 
Railroad    Company,    eastern    division,    and    all 
other   companies   provided   for   in   the   said  act 
of  the  second  of  July,  eighteen  hundred   and 
sixty-four,  to  issue  their  six  per  centum  thirty 
years'    bonds,   interest    payable    in    any   lawful 
money  of  the  United  States,  upon  their  separate 
roads.     And  the  said  companies  are  hereby  au- 
thorized to  issue,  respectively,  their  bonds  to  the 
extent  of  one  hundred  miles  in  advance  of  a  con- 
tinuous completed  line  of  construction. 

Sec.  2.  And  be  it  further  enacted,  That  the  as- Assignment 
signment  made  by  the  Central  Pacific  Railroad  Ian  Jose  and 
Company  of  California  to  the   Western   Pacific  !oCardmento 
Railroad  Company  of  said  state,  of  the  right  to 
construct  all  that  portion   of  said  railroad   and 
telegraph  from  the  city  of  San  Jose  to  the  city 


48 


of  Sacramento,  is  hereby  ratified  and  confirmed  to 
the  said  Western  Pacific  Railroad  Company,  with 
all  the  privileges  and  benefits  of  the  several  acts 
of  congress  relating  thereto,  and  subject  to  all 
the  conditions  thereof:  Provided,  That  the  time 
within  which  the  said  Western  Pacific  Railroad 
Company  shall  be  required  to  construct  the  first 
twenty  miles  of  their  said  road  shall  be  one  year 
from  the  first  day  of  July,  eighteen  hundred  and 
sixty-five,  and  that  the  entire  road  shall  be  com- 
pleted from  San  Jose  to  Sacramento,  connecting 
at  the  latter  point  with  the  said  Central  Pacific 
Railroad,  within  four  years  thereafter. 
Approved  March  3,  1865. 


AMENDMENT  OF  1866. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO 
AMEND  AN  ACT  ENTITLED  'AN  ACT  TO  AID  IN  THE 
CONSTRUCTION  OF  A  RAILROAD  AND  TELEGRAPH 
LINE  FROM  THE  MISSOURI  RIYER  TO  THE  PACIF- 
IC OCEAN,  AND  TO  SECURE  TO  THE  GOVERN- 
MENT THE  USE  OF  THE  SAME  FOR  POSTAL, 
MILITARY,  AND  OTHER  PURPOSES,'  APPROVED 
JULY  FIRST,  EIGHTEEN  HUNDRED  AND  SIXTY- 
TWO,"  APPROVED  JULY  SECOND,  EIGHTEEN 
HUNDRED  AND  SIXTY-FOUR. 

Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  United  States  of  America  in 
Congress  assembled,  That  the  Union  Pacific  Kail- 
way  Company,  eastern  division,  is  hereby  author- 
ized to  designate  the  general  route  of  their  said 
road,  and  to  file  a  map  thereof,  as  now  required 
by  law,  at  any  time  before  the  first  day  of 
December,  eighteen  hundred  and  sixty-six ;  and 


49 

upon  the  filing  of  the  said  map,  showing  the 
general  route  of  said  road,  the  lands  along  the 
entire  line  thereof,  so  far  as  the  same  may  be 
designated,  shall  be  reserved  from  sale  by  order 
of  the  Secretary  of  the  Interior  :  Provided,  That 
said  company  shall  be  entitled  to  only  the  same 
amount  of  the  bonds  of  the  United  States  to  aid 
in  the  construction  of  their  line  of  railroad  and 
telegraph  as  they  would  have  been  entitled  to  if 
they  had  connected  their  said  line  with  the  Union 
Pacific  Railroad  on  the  one  hundredth  degree  of 
longitude,  as  now  required  by  law:  And  provided 
further,  That  said  company  shall  connect  their 
line  of  railroad  and  telegraph  with  the  Union 
Pacific  Railroad,  but  not  at  a  point  more  than 
fifty  miles  westwardly  from  the  meridian  of 
Denver  in  Colorado. 

Sec.  2.  And  be  it  further   enacted,  That   the u. p. r. r. .to 
Union  Pacific  Railroad  Company,  with  the  con- met. 
sent  and  approval  of  the  Secretary  of  the  Interior, 
are   hereby  authorized  to  locate,  construct,  and 
continue    their  road  from   Omaha,  in  Nebraska 
territory,  westward,  according  to    the    best    and 
most  practicable  route  and  without  reference  to 
the  initial  point  on  the  one  hundredth  meridian 
of  west  longitude,  as  now  provided  by  law,  in  a 
continuous  completed  line,  until  they  shall  meet 
and   connect  with  the   Central  Pacific   Railroad  central  pa^mc 
Company  of  California;  and  the  Central  Pacific theh -road east- 

-r»    *i  -i    /^i  *    r^    t  n         •  •  ward,  with  con- 

Kailroad  Company  of  California,  with  the  consent  sent  ot  secreta- 

-,  -i       n     i        r\  n    ,i       x  •  ry  of  the  lnteri- 

and  approval  of  the  secretary  ot  the  Interior,  areoj.t,illmg^ 
hereby  authorized  to  locate,  construct,  and  GPMs^j0,1ff*' 
tinue  their  road  eastward,  in  a  continuous  com-  isei,  amended. 
pleted  line,  until  they  shall   meet   and   connect 
with  the  Union  Pacific  Railroad  f  Provided,  That 

*The  two  companies  having  agreed  in  general  terms  upon  the  point  of  junction  of  the  two 
roads,  congress  passed 

AN  ACT  to  iix  the  point  of  junction  of  the  Union  Pacific  Railroad  Company  and  the  Central 
Pacific  Railroad  Company. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  the  common  terminus  and  poiut  of  junction  of  the  Union  Pacific 


50 

each  of  the  above-named  companies  shall  have 
the  right,  when  the  nature  of  the  work  to  be 
clone,  by  reason  of  deejp  cuts  and  tunnels,  shall 
for  the  expeditious  construction  of  the  Pacific 
Kailroad  require  it,  to  work  for  an  extent  of  not 
to  exceed  three  hundred  miles  in  advance  of  their 
continuous  completed  line. 
Approved  July  3,  1866. 


AN    ACT    TO    AMEND    THE    POSTAL 
LAWS. 


Railroads  car-       Sec.    5.   And   be  it  further   enacted,   That   all 
coml^printed  railroad   companies   carrying   the   mails    of    the 
without  extra  United  States  shall  convey  without  extra  charge, 
tiarge.  j^  an^  train  which  they   may  run   over   their 

roads,  all  such  printed  matter  as  the  Postmaster- 
General  shall  from  time  to  time  direct  to  be 
transported  thereon,  with  the  persons  in  charge  of 
the  mails  designated  by  the  Post  Office  Depart- 
ment for  that  purpose. 

*7v*  ^?*  "7r  t>  W  "n*  3rr  "7T»  rjp 

Approved  June  12,  1866. 

Railroad  Company  and  the  Central  Pacific  Railroad  Company  shall  be  definitely  fixed  and 
established  on  the  line  of  railroad  as  now  located  and  constructed,  north-west  of  the  station  at 
Ogden,  and  within  the  limits  of  the  sections  of  land  hereinafter  mentioned,  viz  ,  Section  thirty- 
six  of  township  seven,  of  range  two,  situate  north  and  west  of  the  principal  meridian  and  base 
line  in  the  territory  of  Utah,  and  sections  twenty-five,  twenty-six,  and  thirty-five  of  township 
seven,  of  range  two  and  section  six  of  township  six,  and  sections  thirty  and  thirty-one  of 
township  seven,  of  range  one,  and  sections  one  and  two  of  township  six,  of  range  two,  all 
situate  north  and  west  of  said  principal  meridian  and  base  line;  and  said  companies  are  here- 
by authorized  to  enter  upon,  use,  and  possess  said  sections,  which  are  hereby  granted  to  them  in 
equal  shares,  with  the  same  rights,  privileges,  and  obligations  now  by  law  provided  with  refer- 
ence to  other  lands  granted  to  said  railroads:  Provided,  however,  That  the  Secretary  of  the 
Interior  shall  designate  a  section  of  land  in  said  township  seven,  of  range  two,  belonging  to 
said  companies,  and  reserve  the  same  for  the  benefit  of  schools  in  said  territory,  in  accordance 
with  the  act  of  February  twenty-one,  eighteen  hundred  and  fifty-five,  establishing  the  office  of 
Surveyor-General  of  Utah,  and  to  grant  land  for  school  and  university  purposes:  Provided, 
also,  That  said  companies  shall  pay  for  any  additional  lands  acquired  by  this  act  at  the  rate  of 
two  dollars  and  fifty  cents  an  acre:  And  provided  further ,  That  no  rights  of  private  persons 
shall  be  affected  by  this  act. 
Approved  May  6, 1870. 


51 

AN  ACT  TO  FACILITATE  COMMERCIAL,  POSTAL,  AND 
MILITARY  COMMUNICATION  AMONG  THE  SEVERAL   Une    ' 

STATES.* 

Whereas,  The  constitution  of  the  United  States  Preamble, 
confers    upon    congress,   in   express   terms,   the 
power  to  regulate  commerce  among  the  several 
states,  to  establish  post  roads,  and  to  raise  and 
support  armies :  Therefore, — 

Be  it  enacted  by  the  Senate  and  House  of  Rep-  steam  railroads 

/»     t        7-7-  7    ci  1  /•     a  •       /-i        may  carry  over 

resentatwes  of  the  United  States  of  America  %n  Con-  ^ire™ ^d  pas- 
cwess  assembled,  That  every  railroad  company  in  freight  from 

»/  '  v  x         4/  one  state  to 

the  United  States,  whose   road   is   operated   byanotherand 

7  ..  .  -1  i    •      1  connect  with 

steam,  its  successors  and  assigns,  be,  and  is  here- roads  of  other 

cj        j  *  st&tps  to  form 

by,  authorized  to  carry  upon  and  over  its  road,  continuous 
boats,  bridges,  and  ferries,  all  passengers,  troops, 
government  supplies,  mails,  freight,  and  property 
on  their  way  from  any  state  to  another  state,  and 
to  receive  compensation  therefor,  and  to  connect 
with  roads  of  other  states  so  as  to  form  continu- 
ous lines  for  the  transportation  of  the  same  to 
the  place  of  destination:  Provided,  That  this  act  Existing  con- 
shall  not  affect  any  stipulation  between  the  gov-  dritionsa£ot0S" 
ernment  of  the  United  States  and  any  railroad fected* 
company  for  transportation  or  fares  without  com- 
pensation, nor  impair  or  change  the  conditions 
imposed  by  the  terms  of  any  act  granting  lands 
to  any  such  company  to  aid  in  the  construction 
of  its  road,  nor  shall  it  be  construed  to  authorize  New  roads  not 

•  in  .        -1       •-!  -1  T  authorized 

any  railroad  company  to  build  any  new  road  or  without  author- 
connection  with  any  other  road  without  authority lty  lrom  state' 
from  the  state  in  which  said  railroad  or  connec- 
tion may  be  proposed. 

Sec.   2.   And  be  it  further  enacted.  That  con- This  act  may  be 

.  ..  1,  t  -,  amended,  &c. 

gress  ma,y  at  any  time  alter,  amend,  or  repeal 
this  act. 

Approved  June  15,  1866. 

*  This  act  is  inserted  because  of  its  application  to  inter-state  commerce,  and  not  on  account 
of  any  special  reference  to  the  Union  Pacific  Kailroad. 


52 


April  10, 1869.  JOINT  RESOLUTION  FOR  THE  PROTECTION  OF  THE 
INTERESTS  OF  THE  UNITED  STATES  IN  THE  UNION 
PACIFIC  RAILROAD  COMPANY,  THE  CENTRAL  PA- 
CIFIC RAILROAD  COMPANY,  AND  FOR  OTHER 
PURPOSES. 

stockholders  of     Be  it  resolved  by  the  Senate  and  House  of  Rep- 
RniRncoacto     resentatives  of  the  United  States  of  America  in  Con- 
director*.  r      gress  assembled,   That   the    stockholders    of  the 
Union  Pacific  Railroad  Company,  at  a  meeting  to 
be  held  on  the  twenty-second  day  of  April,  eigh- 
teen hundred  and  sixty-nine,  at  the  city  of  Bos- 
ton   (with  power  to  adjourn  from  day  to   day), 
shall  elect  a  board  of  directors  for  the  ensuing 
to  establish     year  ;  and  said  stockholders  are  hereby  authorized 
office86"         to  establish  their  general  office  at  such  place  in 
the  United  States  as   they   may    select   at   said 
meeting :    Provided,   That   the    passage    of    this 
no  other  right  resolution  shall  not  confer  any  other  right  upon 
walvYdhereby.  said  Union  Pacific   Railroad    Company   than   to 
hold  such  election,  or  be  held  in  any  manner  to 
relinquish  or  waive    any   rights   of  the   United 
States  to  take  advantage  of  any  act  or  neglect  of 
said  Union  Pacific  Railroad  Company  heretofore 
done  or  omitted  whereby  the  rights  of  the  gen- 
eral government  have  been  or  may  be  prejudiced  : 
common  ter-    And  provided  further,  That  the  common  terminus 
uSonPacmc   of  the  Union  Pacific  and  the  Central  Pacific  rail- 
pacificmu-1     roads  shall  be  at  or  near  Ogden :  and  the  Union 
ITue^t,  Pacific  Railroad  Company  shall   build,   and   the 
&c'  Central   Pacific   Railroad  Company  pay  for  and 

own,  the  railroad  from  the  terminus  aforesaid  to 
Promontory   summit,   at   which   point   the    rails 
shall  meet  and  connect  and  form  one  continuous 
line. 
The  President       gEC>   2.   And  be  it  further   resolved,  That,  to 
commi^ssion^o  asCertain  the  condition  of  the  Union  Pacific  Rail- 
thTrroVdP«°n     road  and  the  Central  Pacific  Railroad,  the  Presi- 
dent of  the  United  States  is  authorized  to  appoint 


53 

a  board  of  eminent  citizens,  not  exceeding  five  in 
number,  and  who  shall  not  be  interested  in  either 
road,  to  examine  and  report  upon  the  condition 
of,  and  what  sum  or  sums,  if  any,  will  be  required 
to  complete,  each  of  said  roads,  for  the  entire 
length  thereof,  to  the  said  terminus  as  a  first-class 
railroad,  in  compliance  with  the  several  acts  relat- 
ing to  said  roads;  and  the  expense  of  such  board,  Expenses  and 

o  ?  I  '  pay  ot  commis- 

including  an  allowance  of  ten  dollars  to  each  forsioners- 
their   services   for    each    day    employed  in  such 
examination  or  report,  to  be  paid  equally  by  said 
companies. 

Sec.    3.    And  be  it  further  resolved,   That  the  f^% ^5 
President  is  hereby  authorized  and  required   to J^^efon86" 
withhold  from  each  of  said  companies  an  amouiitj0"l^Sa,w 
of  subsidy  bonds  authorized  to  be  issued  by  the™^**1 
United  States  under  said  acts  sufficient  to  secure  road» &c- 
the  full  completion  as   a  v  first-class   road    of  all 
sections  of  such  roao1  upon   which    bonds   have 
already  been  issued,  or  in  lieu  of  such  bonds  he 
may  receive  as  such  security  an  equal  amount  of 
the  first  mortgage  bonds  of  such  company ;  and 
if  it  shall  appear  to  the  President  that  the  amount  JJ  ^e  amount 
of  subsidy  bonds  yet  to  be  issued  to  either  of  insufficient,  &c. 
said  companies  is  insufficient  to  insure  the  full 
completion  of  such  road,  he  may  make  requisi- 
tion upon  such  company  for  a  sufficient  amount 
of  bonds  already  issued  to  said  company,  or  in 
his   discretion  of  their  first  mortgage  bonds,  to 
secure  the  full  completion  of  the  same.     And  in 
default  of  obtaining  such  security  as  [is]  in  this 
section    provided,  the    President   may    authorize 
and  direct  the  Attornev-Greneral  to  institute  such  Attorney-Gen- 

.  _  .  -ii-ir.  i'i  eral  to  institute 

suits  and  proceedings  on  behalf  and  in  the  name  necessary  suits. 
of  the  United  States,  in  any  court  of  the  United 
States  having  jurisdiction,  as  shall  be  necessary  or 
proper  to  compel  the  giving  of  such  security,  and 
thereby,  or  in  any  manner  otherwise,  to  protect 
the  interests  of  the  United  States  in  said  road, 


54 

and  to  insure  the  full  completion  thereof  as  a 
first-class  road,  as  required  by  law  and  the 
statutes  in  that  case  made. 

Sec.   4.   And  be  it  further   resolved,   That   the 
Attorney-General  of  the  United   States  be,  and 
££f£5mStt  *ie  *s  nere^y?  authorized  and  directed  to  investi- 
fhfchirteJ'of  Sate   whether   or   not   the    charter   and    all  the 
cmc^ndcfn."  franchises   of  the   Union   Pacific  Kailroad  Com- 
raUroadsfihave  Pany  ancl  of  tne  Central  Pacific  Railroad  Com- 
ieued;e&cf0r"    V'dny  nave  not  Deen  forfeited,  and  to  institute  all 
necessary  and  proper  legal  proceedings ;  also,  to 
investigate  whether  or  not  said  companies  have 
or  have  not   made    any   illegal   dividends   upon 
their  stock,  and  if  so  to  institute  the  necessary 
to  institute      proceedings  to  have  the  same  reimbursed  ;  and 
ceedinjs^r&c.  also  to  investigate  whether  any  of  the  directors 
or  any  other  agents  or  employes  of  said  compa- 
nies have  or  not  violated  any  penal  law,  and  if  so 
to    institute    the    proper    criminal    proceedings 
against  all  persons  who  have  violated  such  laws. 
Approved  April  10, 1869. 


AN  ACT  TO  REPEAL  CERTAIN  SECTIONS  OF  ACTS 
PASSED  BY  THE  TERRITORIAL  LEGISLATURE  OF 
WYOMING.* 

Letcs'offther]eagn  Be  tt  enacted  by  the  Senate  and  House  of  Rep- 
SSagdedwed resentatives  of  the  United  States  of  America  in  Con- 
nuii.  gress  assembled,  That  the  following   sections   of 

acts,  passed  by  the  legislature  of  the  territory  of 
Wyoming,  to  wit,  The  fourth  and  sixth  sections 
of  an  act  entitled  "An  act  providing  for  the 
collection  of  taxes  heretofore  assessed  and  levied 
in  this  territory ; "  also  sections  forty-nine  to  fifty- 
nine,  both  inclusive,  of  "  An  act  entitled  an  act 


*The  sections  of  the  laws  of  Wyoming  territory  declared  void  by  this  act,  though  general  in 
their  terras,  were  so  evidently  intended  to  apply  to  the  Union  Pacific  .Kailroad  Company,  that 
congress  promptly  intervened  for  the  protection  of  said  company. 


55 


to  create  and  regulate  corporations,"  be,  and  the 
same    are    hereby,    disapproved,    repealed,    and 
declared  null  and  void. 
Approved  July  1,  1870. 


AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  LEGIS- 
LATIVE, EXECUTIVE,  AND  JUDICIAL  EXPENSES  OF 
THE  GOVERNMENT  FOR  THE  YEAR  ENDING  JUNE 
30,  1874,  AND  FOR  OTHER  PURPOSES. 

*U>  •&>  *4£>  <4£-  -^*  ^£-  ^-  4t-  ^£r 

•7F  *7\F  VP  "a*  *7V*  '7P'  "7T  "W*  */?■ 

Sec.  2.  That  the  Secretary  of  the  Treasury  is  secretary  of 
directed  to  withhold  all  payments  to  any  railroad  wShiwfdupay-° 

^     .  .  .-L*/  i/:»p'ij     ments  to  cer- 

company  and  its  assigns,  on  account  oi  freights  tain  railroad 

,,,.  ,i      .  ,•  -,  ^companies  for 

or  transportation  over  their  respective  roads,  oi  freight,  &c. 
any  kind,  to  the  amount  of  payments  made  by 
the  United  States  for  interest  upon  bonds  of  the 
United  States  issued  to  any  such  company  and 
which  shall  not  have  been  reimbursed,  together 
with  the  five  per  cent,  of  net  earnings  due  and 
unapplied    as   provided   by   law;   and  any  such  companies  may 
company  may  bring  suit  in  the  court  of  claims  to  court o? : claims, 
recover  the  price  of  such  freight  and  transporta- 
tion ;  and  in  such  suit  the  right  of  such  company 
to  recover  the  same  upon  the  law  and  the  facts 
of  the  case  shall   be   determined,  and   also    the 
rights  of  the  United  States  upon  the  merits  of 
all  the  points  presented  by  it  in  answer  thereto 
by  them,  and  either  party  to  such  suit  may  appeal  Appeal  to  su- 
to  the  supreme  court ;  and  both  said  courts  shall  8au™e8ctouhaVe 
give  such  cause  or  causes  precedence  of  all  other precedence' 
business. 


Sec.  4.  That  the  Attorney-General  shall  cause  Attomey-Gen- 
a  suit  in  equity  to  be  instituted  in  the  name  ofsuftineqSfy 
the  United  States  against  the  Union  Pacific  Rail- KiToTpaclflc 
road  Company,  and  against  all  persons  who  may,  Paanyroaand  aiim" 
in  their  own  names  or  through  any  agents,  have  &ec.sons  w  °' 


56 

subscribed  for  or  received  capital  stock  in  said 
road,  which  stock  has  not  been  paid  for  in  full  in 
money,  or  who  may  have  received,  as  dividends 
or  otherwise,  portions  of  the  capital  stock  of  said 
road,  or  the  proceeds  or  avails  thereof,  or  other 
property  of  raid  road,  unlawfully  and  contrary  to 
equity,  or  who  may  have  received  as  profits  or 
proceeds  of  contracts  for  construction  or  equip- 
ment of  said  road,  or  other  contracts  therewith, 
moneys  or  other  property  which  ought  in  equity 
to  belong  to  said  railroad  corporation,  or  who 
may,  under  pretence  of  having  complied  with  the 
acts  to  which  this  is  an  addition,  have  wrongfully 
and  unlawfully  received  from  the  United  States 
bonds,  moneys,  or  lands  which  ought  in  equity 
to  be  accounted  for  and  paid  to  said  railroad 
company  or  to  the  United  States,  and  to  compel 
payment  for  said  stock,  and  the  collection  and 
payment  of  such  moneys,  and  the  restoration  of 
such  property,  or  its  value,  either  to  said  railroad 
corporation  or  to  the  United  States,  whichever 
shall  in  equity  be  held  entitled  thereto.  Said 
suit  to  be  suit  may  be  brought  in  the  circuit  court  in  any 
cSthJourt.ny  circuit,  and  all  said  parties  may  be  made  defend- 
Decrees.  ants  in  one  suit.  Decrees  may  be  entered  and 
enforced  against  any  one  or  more  parties  defend- 
ant without  awaiting  the  final  determination  of 
the  cause  against  other  parties.  The  court  where 
said  cause  is  pending  may  make  such  orders  and 
decrees  and  issue  such  process  as  it  shall  deem 
New  parties,  necessary  to  bring  in  new  parties  or  the  represent- 
&c*  atives  of  parties  deceased,  or  to  carry  into  effect 

the  purposes  of  this  act.  On  filing  the  bill,  writs 
writs  of  sub-   0f  subpoena  may  be  issued  by  said  court  against 

poenatorun  I     .  «/  ,       «/         .  <~>    . 

tric^an/how  any  Parties  defendant,  which  writ  shall  run  into 
served.  any    district,   and  shall  be  served,  as  other  like 

process,  by  the  marshal  of  such  district.  The 
Si?rko8adfcom.  books,  records,  correspondence,  and  all  other 
?oainsp°ecteion.en  documents  of  the  Union  Pacific  Eailroad   Com- 


57 

pany,  shall  at  all  times  be  open  to  inspection  by 
the  Secretary  of  the  Treasury,  or  such  persons  as 
he  may  delegate  for  that  purpose.     The  laws  of  ^tntk0r"Pp,laws 
the  United  States  providing  for  proceedings  in 
bankruptcy  shall  not  be  held  to  apply   to    said 
corporation.     No  dividend  shall  hereafter  be  made  5LckemOTt?ew 
by  said  company  but  from  the  actual  net  earnings  gages',  &c 
thereof;   and  no  new  stock  shall   be   issued,   or 
mortgages  or  pledges  made  on  the  property  or 
future  earnings  of  the  company,  without  leave  of 
congress,  except  for  the  purpose  of  funding  and 
securing    debt    now    existing,   or   the    renewals 
thereof.     No  director  or  officer  of  said  road  shall  no  director  to 
hereafter  be  interested,  directly  or  indirectly,  in  any  contract, 
any   contract   therewith,   except  for   his   lawful excep' 
compensation  as  such  officer.     Any  director  or  Penalty, 
officer  who  shall  pay  or  declare,  or  aid  in  paying 
or  declaring,  any  dividend,  or  creating  any  mort- 
gage or  pledge  prohibited  by  this  act,  shall  be 
punished  by  imprisonment   not   exceeding   two 
years,  and  by  fine  not  exceeding  five  thousand 
dollars.     The  proper  circuit  court  of  the  United  SSSKSS^ 
States  shall  have  jurisdiction  to  hear  and  deter- ^ manda" 
mine    all    cases    of    mandamus   to    compel    said 
Union  Pacific  Railroad  Company  to  operate  its 
road  as  required  by  law. 
Approved  March  3,  1873. 


AN  ACT  MAKING  ADDITIONS  TO  THE  FIFTEENTH 
SECTION  OF  THE  ACT  APPROVED  JULY  2,  1864, 
ENTITLED  "AN  ACT  TO  AMEND  AN  ACT  ENTITLED 
<AN  ACT  TO  AID  IN  THE  CONSTRUCTION  OF  A  RAIL- 
ROAD AND  TELEGRAPH  LINE  FROM  THE  MISSOURI 
RIVER  TO  THE  PACIFIC  OCEAN,  AND  TO  SECURE 
TO  THE  GOVERNMENT  THE  USE  OF  THE  SAME  FOR 
POSTAL,  MILITARY,  AND  OTHER  PURPOSES,'  AP- 
PROVED JULY  1,  1862." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 


58 

gress  assembled,  That  there  shall  be,  and  is  hereby, 
added  to  the  fifteenth  section  of  the  act  approved 
July  second,  eighteen  hundred  and  sixty-four,  en- 
titled "An  act  to  amend  an  act  entitled  'An  act  to 
aid  in  the  construction  of  a  railroad  and  telegraph 
tobeaiopJ«tded  lme  from  the  Missouri  river  to  the  Pacific  ocean, 
iT4°withUequai  and  to  secure  to  the  government  the  use  of  the 
facilities.        game  for  p0Sta]?  military,  and  other  purposes,'  ap- 
proved July  first,  eighteen  hundred  and  sixty-two," 
the  following  words,  namely, — "And  any  officer  or 
agent  of  the  companies  authorized  to  construct 
the  aforesaid  roads,  or  of  any  company  engaged 
in  operating  either  of  said  roads,  who  shall  refuse 
to  operate  and  use  the  road  or  telegraph  under 
his  control,  or  which  he  is  engaged  in  operating 
for  all   purposes  of  communication,  travel,   and 
transportation,  so  far  as   the  public  and  the  gov- 
ernment are  concerned,  as  one  continuous  line,  or 
shall  refuse,  in  such  operation  and  use,  to  afford 
and  secure  to  each  of  said  roads  equal  advantages 
and  facilities  as  to  rates,  time,  or  transportation, 
without  any  discrimination  of  any  kind  in  favor 
Agents  or       of,  or  adverse  to,  the  road  or  business  of  any  or 
finedTn  c°aseeof  either  of  said  companies,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  exceeding  one  thou- 
sand dollars,  and  may  be  imprisoned  not  less  than 
six  months.     In  case  of  failure  or  refusal  of  the 
Union  Pacific  Railroad  Company,  or  either  of  said 
branches,  to  comply  with  the  requirements  of  this 
act  and  the  acts  to  which  this  act  is  amendatory, 
union  Pacific   the  party  injured  or  the  company  aggrieved  may 
Sed^iYase  of  bring  an  action  in  the  district  or  circuit  court  of 
refusal.  ^e  United  States,  in  the  territory,  district,  or  cir- 

cuit in  which  any  portion  of  the  road  of  the  de- 
fendant may  be  situated,  for  damages  on  account 
of  such  failure  or  refusal ;  and,  upon  recovery,  the 
plaintiff  shall  be  entitled  to  judgment  for  treble 
the  amount  of  all  excess  of  freight  and  fares  col- 


59 

lected  by  the  defendant,  and  for  treble  the  amount 
of  damages  sustained  by  the  plaintiff  by  such  fail-  *»aity  fixed, 
ure  or  refusal ;  and  for  each  and  every  violation 
of  or  failure  to  comply  with  the  requirements  of 
this  act,  a  new  cause  of  action  shall  arise ;  and  in 
case  of  suit  in  any  such  territory,  district,  or  cir- 
cuit, process  may  be  served  upon  any  agent  of 
the  defendant  found  in  the  territory,  district,  or 
circuit  in  which  such  suit  may  be  brought,  and 
such  service  shall  be  by  the  court  held  to  be  good 
and  sufficient ;  and  it  is  hereby  provided  that  for 
all  the  purposes  of  said  act,  and  of  the  acts  amend- 
atory thereof,  the  railway  of  the  Denver  Pacific 
Eailway  and  Telegraph  Company  shall  be  deemed 
and  taken  to  be  a  part  and  extension  of  the  road 
of  the  Kansas  Pacific  Kailroad,  to  the  point  of 
junction  thereof  with  the  road  of  the  Union  Pa- 
cific Railroad  Company  at  Cheyenne,  as  provided 
in  the  act  of  March  third,  eighteen  hundred  and 
sixty-nine.* 

Approved  June  20,  1874. 


*  AN  ACT  to  authorize  the  transfer  of  lands  granted  to  the  Union  Pacific  Rail- 
way Company,  eastern  division,  between  Denver  and  the  point  of  its  con- 
nection with  the  Union  Pacific  Kailroad,  to  the  Denver  Pacific  Railway  and 
Telegraph  Company,  and  to  expedite  the  completion  of  railroads  to  Denver, 
in  the  territory  of  Colorado. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United,  States 
of  America  in  Congress  assembled,  That  the  Union  Pacific  Railway  Company, 
eastern  division,  be,  and  it  hereby  is,  authorized  to  contract  with  the  Denver 
Pacific  Railway  and  Telegraph  Company,  a  corporation  existing  under  the  laws 
of  the  territory  of  Colorado,  for  the  construction,  operation,  and  maintenance 
of  that  part  of  its  line  of  railroad  and  telegraph  between  Denver  City  and  its 
point  of  connection  with  the  Union  Pacific  Railroad,  which  point  shall  be  at 
Cheyenne,  and  to  adopt  the  road-bed  already  graded  by  said  Denver  Pacific 
Railway  and  Telegraph  Company  as  said  line,  and  to  grant  to  said  Denver 
Pacific  Railway  and  Telegraph  Company  the  perpetual  use  of  its  right  of  way 
and  depot  grounds,  and  to  transfer  to  it  all  the  rights  and  privileges,  subject 
to  all  the  obligations  pertaining  to  said  part  of  its  line. 

Skc.  2.  And  be  it  farther  enacted,  That  the  said  Union  Pacific  Railway  Com- 
pany, eastern  division,  shall  extend  its  railroad  and  telegraph  to  a  connection 
at  the  city  of  Denver,  so  as  to  form,  with  that  part  of  its  line  herein  authorized 
to  be  constructed,  operated,  and  maintained  by  the  Denver  Pacific  Railway 
and  Telegraph  Company,  a  continuous  line  of  railroad  and  telegraph  from 
Kansas  City,  byway  of  Denver  to  Cheyenne.  And  all  the  provisions  of  law 
for  the  operation  of  the  Union  Pacific  Railroad,  its  branches  and  connections, 
as  a  continuous  line,  without  discrimination,  shall  apply  the  same  as  if  the 
road  from  Denver  to  Cheyenne  had  been  constructed  by  the  said  Union  Pacific 
Railway  Company,  eastern  division;  but  nothing  herein  shall  authorize  the 
said  eastern  division  company  to  operate  the  road  or  fix  the  rates  of  tariff  for 
the  Denver  Pacific  Railway  and  Telegraph  Company. 

Sec.  3.  And  be  it  farther  enacted,  That  said  companies  are  hereby  authorized 
to  mortgage  their  respective  portions  of  said  road,  as  herein  defined,  for  an 
amount  not  exceeding  thirty-two  thousand  dollars  per  mile,  to  enable  them 


60 


AN  ACT  PROVIDING  FOR  THE  COLLECTION  OF  MON- 
EYS DUE  THE  UNITED  STATES  FROM  THE  PACIFIC 
RAILROAD  COMPANIES. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
secretary  of  the  grress  assembled,  That  the  Secretary  of  the  Treas- 
deman/five     ury  be,  and  hereby  is,  directed  to  require  payment 

per  cent,  of  net     r r  ,-,      '■        n  ,      ^       '         .  ,,      .        ^  r>/  -. 

earnings.  oi  the  railroad  companies,  their  successors  and 
assigns,  or  the  successors  or  assigns  of  any  or 
either  of  said  companies,  of  all  sums  of  money 
due,  or  to  become  due,  the  United  States  for  the 
five  per  centum  of  the  net  earnings  provided  for 
by  the  act  entitled  "An  act  to  aid  in  the  construc- 
tion of  a  railroad  and  telegraph  line  from  the 
Missouri  river  to  the  Pacific  ocean,  and  to  secure 
to  the  government  the  use  of  the  same  for  postal, 
military,  and  other  purposes,"  approved  July  first, 
eighteen  hundred  and  sixty-two,  or  by  any  other 
act  or  acts  in  relation  to  the  companies  therein 
named,  or  any  other  such  company  or  companies ; 
and  in  case  either  of  said  railroad  companies  shall 
neglect  or  refuse  to  pay  the  same  within  sixty 
days  after  demand  therefor  made  upon  the  treas- 
urer of  such  railroad  company,  the  secretary  of 

Attorney-Gen-  the  treasury  shall  certify  that  fact  to  the  Attorney- 

eral  to  bring        ~  -iii-ni  ••  ,  i 

suit.  General,  who  shall  thereupon  institute  the  neces- 

sary suits  and  proceedings  to  collect,  and  otherwise 
obtain  redress  in  respect  of  the  same,  in  the  proper 
circuit  courts  of  the  United  States,  and  prosecute 
the  same,  with  all  convenient  dispatch,  to  a  final 
determination. 

Approved  June  22,  1874. 

respectively  to  borrow  money  to  construct  the  same:  and  that  each  of  said 
companies  shall  receive  patents  to  the  alternate  sections  of  land  along  their 
respective  lines  of  road,  as  herein  defined,  in  like  manner  and  within  the  same 
limits  as  is  provided  by  law  in  the  case  of  lands  granted  to  the  Union  Pacific 
Kailway  Company,  eastern  division:  Pro  vided,  That,  neither  of  the  com  pan  ie 
hereinbefore  mentioned  shall  be  entitled  to  subsidy  in  United  States  bonds, 
under  the  provisions  of  this  act. 
Approved  March  3, 1869. 


61 


BY-LAWS. 


ARTICLE  I. 

ELECTION  OF  DIRECTORS. 

Sec.  1.  The  annual  election  of  directors  of  the 
company  shall  be  held  on  the  first  Wednesday 
following  the  fourth  day  of  March  in  each  year, 
at  10  o'clock  a.  m.,  at  such  place  as  shall  have 
been  previously  appointed  by  the  stockholders. 
The  board  of  directors  shall  previously  appoint 
three  inspectors,  who  shall  be  holders  of  full  paid 
stock,  to  preside  at  such  election,  and  shall  close 
the  stock  transfer  books  for  ten  days  previous 
to  the  time  appointed  for  holding  the  same. 

Sec.  2.  Due  notice  of  the  time  and  place  of 
holding  such  election  shall  be  published,  by  the 
president  and  secretary,  for  at  least  thirty  days 
previous,  in  one  or  more  newspapers  published  in 
New  York,  and  such  other  places  as  the  president 
or  board  may  direct. — The  board  of  directors 
shall  cause  to  be  prepared  an  alphabetical  list  of 
the  stockholders,  registered  as  such,  at  the  close 
of  the  stock  transfer  books,  with  the  number  of 
shares  held  by  each,  for  the  use  of  the  inspectors 
on  the  day  of  election. 

Sec.  3.  The  polls  shall  be  opened  by  the  acting 
inspectors,  at  the  time  and  place  appointed,  and 
kept  open  for  at  least  two  hours.  The  inspectors 
of  election  shall  be  judges  of  the  qualifications 
of  voters,  and  shall  proceed  to  canvass  the  votes 
as  soon  as  the  polls  are  closed,  and  shall  sign  a 
certificate  of  the  result  of  the  election,  and  de- 
liver the  same  to  the  secretary,  or,  in  his  absence, 
to  some  other  officer  of  the  company. 


62 


AETICLE  II. 

MEETINGS  OF  THE  BOARD. 

Sec.  1.  Stated  meetings  of  the  board  shall  be 
held  quarterly,  at  such  place  and  hour  as  shall 
from  time  to  time  be  agreed  upon  by  the  board. 
Special  meetings  may  be  called  by  the  secretary, 
when  ordered  by  the  president,  or  on  the  written 
request  of  five  or  more  directors. 

Sec.  2.  At  the  first  meeting  of  the  directors 
after  an  election,  before  any  business  is  taken  up, 
the  secretary  shall  read  the  certificate  of  election, 
when  the  board  shall  be  organized  by  the  elec- 
tion of  officers. 


AETICLE  III. 

OFFICERS  AND  THEIR  DUTIES. 

Sec.  1.  The  officers  of  the  company  shall  con- 
sist of  a  president,  vice-president,  secretary,  and 
treasurer,  as  provided  by  law,  and  such  other 
officers  as  the  board  may  designate. 

Sec.  2.  The  president  and  vice-president  shall 
hold  their  respective  offices  during  the  continu- 
ance of  the  term  of  the  board  of  directors  which 
elects  them.  All  other  officers  shall  hold  their 
offices  during  the  pleasure  of  the  board  of  di- 
rectors. 

Sec.  3.  The  president  shall  preside  at  all  meet- 
ings of  the  board  of  directors  when  present; 
shall  have  a  general  care,  supervision,  and  direc- 
tion of  the  affairs  of  the  company  and  employes, 
under  the  direction  of  the  board  of  directors; 
shall  have  such  other  powers,  and  perform  such 
other  duties,  as  the  board  of  directors  may  from 
time  to  time  confer  or  prescribe. 

Sec.  4.  It  shall  be  the  duty  of  the  vice-president, 
in  case  of  the  absence,  death,  sickness,  or  other 
inability  of  the  president,  to  preside  at  the  meet- 


63 

ings  of  the  board,  and  to  exercise  the  powers 
and  discharge  the  duties  of  that  office  until  the 
president  returns,  to  duty.  The  board  may,  at 
their  discretion,  assign  to  the  vice-president,  by 
resolution,  a  portion  of  the  powers  and  duties  of 
the  president. 

Sec.  5.  It  shall  be  the  duty  of  the  secretary  to 
notify  officers  and  directors  of  their  election ;  to 
give  timely  notice  to  all  the  directors  of  the 
stated  and  special  meetings  of  the  board ;  to 
attend  such  meetings,  and  keep  accurate  minutes 
of  the  same  in  the  book  provided  for  the  pur- 
pose ;  to  keep  the  minutes  of  the  meetings  of 
the  standing  committees,  when  requested  ;  to  affix 
the  corporate  seal  of  the  company  when  directed 
by  the  board  or  president,  and  attest  the  same ; 
and  generally  to  discharge  all  the  ordinary  duties 
of  a  secretary,  and  such  as  may  be  required  of 
him  by  the  board. 

Sec.  6.  The  board  of  directors  shall  have  power 
to  fill  any  vacancy  that  may  occur  by  reason  of 
death,  resignation,  or  otherwise,  of  any  director. 

ARTICLE   IY. 

Sec.  1.  The  board  of  directors,  at  their  first 
meeting  after  every  annual  election,  shall  elect, 
by  ballot,  from  their  own  number,  a  president 
and  vice-president,  and  may  also  elect  a  secretary 
and  treasurer,  or  may  continue  the  then  incum- 
bents in  office  by  resolution.  The  board  of  direc- 
tors shall  have  the  whole  charge  and  management 
of  the  property  and  effects  of  the  company,  and 
they  may  delegate  power  to  the  executive  com- 
mittee to  do  any  and  all  acts  which  the  board  is 
authorized  to  do,  except  such  acts  as  by  law,  or 
these  by-laws,  must  be  done  by  the  board  itself. 
The  board  shall  have  power,  in  the  absence  of  the 
president  and  vice-president,  to  appoint  a  chair- 
man  pro    tempore,   and    during    the    prolonged 


64 


absence  of  the  president,  or  other  officers,  to 
appoint  substitutes  pro  tempore.  A  majority  of 
all  the  members  is  necessary  to  a  quorum,  but 
less  than  a  quorum  may  adjourn  from  time  to 
time.  The  board  of  directors  may  prescribe  the 
duties  and  powers  of  the  secretary,  treasurer, 
engineers,  and  all  subordinate  officers  and  agents ; 
fix  the  salaries  of  all  officers  of  the  company; 
make  all  needful  rules  and  regulations,  not  incon- 
sistent with  the  charter,  for  the  transfer  of  the 
stock  of  the  company,  the  issuing  of  certificates 
of  stock,  keeping  the  records  and  accounts  of  the 
company,  the  management  and  disposition  in 
particular  of  the  stock,  property,  estate,  and  effects 
of  the  company,  and  the  construction  and  operat- 
ing of  the  railroad  and  telegraph  of  this  com- 
pany. 

At  each  annual  meeting  of  the  stockholders, 
the  board  of  directors  shall  cause  to  be  presented 
to  said  meeting  a  general  statement  of  the  affairs 
of  the  company.  The  board  of  directors  shall 
have  power  to  delegate  authority  to  do  and  per- 
form specific  acts,  not  inconsistent  with  the  char- 
ter, to  special  committees,  to  be  appointed  by  the 
board,  or  presiding  officer,  at  the  option  of  the 
board. 

ARTICLE   Y. 

STANDING  COMMITTEES. 

Sec.  1.  The  standing  committees  shall  consist 
of  an  executive  committee,  a  finance  committee, 
and  a  land  committee.  They  shall  be  appointed 
by  the  board,  and  shall  each  consist  of  seven 
members. 

Sec.  2.  The  executive  committee  shall  have, 
and  may  exercise,  by  a  majority  of  its  members, 
all  the  powers  and  authority  which  from  time  to 
time  may  be  delegated  to  said  committee  by  the 
board  of  directors.     A  record  of  all  proceedings 


65 


shall  be  kept  in  a  book  provided  for  that  purpose, 
by  the  secretary,  and  certified  by  him,  which 
shall  be  read  at  the  next  ensuing  meeting  of  the 
board  of  directors.  The  secretary  of  the  com- 
pany shall  call  meetings  of  this  committee,  on  the 
request  of  any  one  of  its  members. 

Sec.  3.  The  finance  committee  and  the  land 
committee  shall  have  such  powers  and  perform 
such  duties  as  the  board  of  directors  shall  pre- 
scribe. 

AETICLE  VI. 

SPECIAL  MEETINGS  OF  STOCKHOLDERS. 

Sec.  1.  Special  meetings  of  stockholders  may 
be  held  at  any  time  by  order  of  the  board  of 
directors,  and  shall  be  whenever  stockholders 
owning  one  fourth  part  of  the  capital  stock  shall, 
in  writing,  make  an  application  therefor  to  the 
president,  stating  the  object  of  such  meeting. 

Sec.  2.  Notice  of  such  special  meetings  shall  be 
published  in  the  same  manner  as  notices  for  reg- 
ular meetings,  and,  in  addition,  shall  state  the 
object  of  such  meetings. 

Sec  3.  The  business  of  all  special  meetings 
shall  be  confined  to  the  objects  stated  in  such 
notices. 

Sec  4.  No  stockholder  shall  be  entitled  to  vote 
at  any  election  of  directors,  or  stockholders' 
meeting,  unless  the  stock  owned  by  him  shall 
have  been  standing  in  his  name  upon  the  books 
of  the  company  at  least  ten  days  prior  to  such 
election. 

ARTICLE   VII. 

AMENDMENTS. 

Sec  1.  These  By-Laws  may  be  altered  or  amend- 
ed at  any  meeting  of  the  stockholders,  provided 
due  notice  of  such  alteration  or  amendment  shall 
have  been  given  in  the  published  notice  of  such 
meeting. 

5 


66 


FIRST  MORTGAGE. 


jstUamSpsKevir65oj     THIS    INDENTURE,  made   this 
C.SJ^Sr^J  firs^  day  °f  November,  1865,  between 
The  Union  Pacific  Railroad  Company,  a  body  cor- 
porate, created  by  and  under  an  act  of  the  con- 
gress of  the  United  States  of  America,  approved 
July  1,  1862,  entitled  "An  act  to  aid  in  the  con- 
struction of  a  railroad  and  telegraph  line  from 
the  Missouri  river  to  the  Pacific  ocean,  and   to 
secure  to  the  government  the  use  of  the  same 
for  postal,  military,  and  other  purposes,"  party  of 
the  first  part,  and  Edwin  D.  Morgan,  of  the  city  of 
Edwin  d.  Mor-  New  York,  and  Oakes  Ames,  of  Easton,   in  the 
iameasnTrusateIs.  state  of  Massachusetts,  parties  of  the  second  part, 
Witnesseth  : 
Whereas,  The  said   party  of  the  first  part  is 
Authority  to    authorized  by  the  said  act  of  congress  incorpo- 

execute  mort-  ,  .■  «/  o  r 

gage  and  issue  rating:  the  same,  and  by  the  several  acts  oi  con- 
Bonds  given  by  °  >  J 

M64°&culy  2'  gress  amendatory  thereof,  namely,  the  act  ap- 
proved July  2,  1864,  being  chapter  216,  and  the 
act  approved  March  3,  1865,  being  chapter  88,  to 
borrow  money  for  the  objects  and  purposes  there- 
in mentioned,  and  to  execute  a  mortgage  to 
secure  the  payment  thereof  as  hereinafter  con- 
tained, which  bonds  and  mortgage  by  said  acts  of 
congress  are  made  the  first  lien,  and  unto  it  the 
lien  of  the  government  bonds  is  subordinate ; 
and  whereas,  for  such  objects  and  purposes,  said 
party  of  the  first  part  is  desirous  of  borrowing  a 
sum  of  money  which  shall  be  equal  to  the  amount 
per  mile  of  United  States  Bonds,  provided  by 
said  acts  to  be  issued  to  said  company,  for  each 
and  every  mile  of  its  said  railroad  completed  and 


67 

to  be  hereafter  completed,  and  of  securing  the 
payment  of  its  corporate  bonds  to  be  issued  and 
negotiated  therefor,  by  a  mortgage  to  said  parties 
of  the  second  part,  as  trustees,  as  hereinafter  pro- 
vided and  set  forth. 

And  whereas,  Under  and  pursuant  to  lawful  certain  acts  of 
authority,  conferred  by  said  several  acts  of  con-  tTvXu.rpaR. 
gress,  all  of  which  are  hereby  declared  to  be  taken  twrinstl-Sment. 
as  a  part  of  this  instrument,  the  said  party  of  the  iiSTon  and°in- 

n      ,  j    i  i     j  •        -i    ,  i  i.       '  terest  of  bonds. 

first  part  has  determined  to  make,  execute,  issue, 
negotiate,  and  deliver  under  its  corporate  seal  its 
corporate  bonds,  from  time  to  time,  and  severally 
payable  to  bearer,  for  the  sum  of  $1,000  each, 
thirty  years  after  the  date  thereof,  with  semi- 
annual interest  at  the  rate  of  six  per  centum  per 
annum  from  the  date  thereof,  to  an  amount  equal 
and  not  exceeding  per  mile  the  amount  provided 
to  be  issued  by  the  government  of  the  United 
States  to  aid  in  the  construction  of  said  railroad, 
each  of  said  bonds  so  to  be  issued  to  bear  date  of 
the  time  of  its  issue,  and  to  be  in  form  and  be 
certified  and  have  coupons  annexed  as  follows : 

UNITED  STATES  OF  AMERICA. 

FIRST  MORTGAGE  BONDS. 

The  Union  Pacific  Railroad  Company  acknowl-  Bonds,  when 

3.11(1  wliGrc 

edges  itself  indebted  to  the  bearer  hereof  in  the  paid, 
sum  of  one  thousand  dollars,  which  sum  the  said 
company  promises  to  pay  unto  the  holder  hereof, 
at  its  office  in  the  city  of  New  York,  thirty  years 
after  the  date  hereof,  and  also  interest  thereon  at 
the  rate  of  six  per  centum  per  annum,  payable 
semi-annuallv  from  the  date  hereof,  in  lawful 
money  of  the  United  States,  until  the  principal 
sum  be  paid,  on  presentation  of  the  annexed 
interest  coupons  at  the  office  of  the  company  in 
the  city  of  New  York. 

In  testimony  whereof,  the  said   company  has 


68 


hereunto  caused  to  be  affixed  its  corporate  seal, 
and  these  presents  to  be  executed  by  its  president 
and   treasurer,  at   the   city  of  New   York,   this 

day  of. A.  D.  one  thousand  eight 

hundred  and 

Treasurer.         ...President 

certificate  of  We,  the  undersigned  trustees,  do  hereby  certify 
that  the  above  bond  is  issued  by  virtue  of  author- 
ity granted  to  the  Union  Pacific  Eailroad  Com- 
pany by  the  acts  of  congress  of  the  United 
States,  approved  July  2,  1864,  chap.  216,  and 
March  3,  1865,  chap.  88,  and  is  of  similar  tenor 
except  as  to  the  date,  and  of  like  amount  with 
the  other  bonds  issued  and  to  be  issued  under  the 
said  acts  of  congress ;  that  the  said  company  has 
executed  to  us  a  mortgage,  dated  November  1, 
1865,  purporting  to  convey  to  us  the  entire  rail- 
road and  telegraph  line  of  said  company,  with  its 
equipment  and  appurtenances,  for  the  benefit  of 
the  holders  of  said  bonds,  and  to  secure  the  pay- 
ment thereof;  that  the  said  mortgage  has  been 
recorded  in  every  county  through  or  in  which  the 
said  road  has  been  permanently  located,  and  a 
certified  copy  thereof  filed  in  the  office  of  the 
Secretary  of  the  Interior  at  Washington,  and  that 
the  same  is  a  first  lien  upon  the  line  of  the  said 
company's  road,  and  that  no  more  such  bonds 
have  been  certified  by  us  than  are  authorized  by 
the  said  acts  of  congress. 

>  Trustees. 

[Coupon.]  ^ 

The  Union  Pacific  Eailroad  Company  will  pay 
coupon.         bearer,  at  its  office  in  the    city   of  New   York, 

Thirty  Dollars,  on  the day  of. 

being  interest  due  that  day  on  its  bond,  No 

Treasurer. 


69 

And  whereas,  said  party  of  the  first  part  has 
further  determined,  under  and  pursuant  to  author- 
ity so  conferred  by  acts  of  congress  as  aforesaid,  to 
execute  and  acknowledge,  under  its  corporate  seal, 
and  deliver  to  said  parties  hereto  of  the  second j^®^^ 
part,  a  mortgage  conveying,  assigning,  and  trans-  executed. 
ferring  to  them,  in  trust,  all  the  corporate,  real 
and  personal  property,  franchises  and  effects 
hereinafter  specifically  described,  as  security  for 
the  payment  of  the  said  bonds  so  to  be  issued, 
and  the  interest  to  grow  due  thereon,  and  that 
said  mortgage  should  contain  all  and  singular  the 
covenants  and  conditions  hereinafter  set  forth, 
and  should  bear  date  the  first  day  of  November, 
1865. 

Now,  therefore,  this  indenture  witnesseth:  That 
the  Union  Pacific  Eailroad  Company,  party  of  the 
first  part,  under  and  pursuant  to  and  by  virtue  of 
the  express  authority  of  said  several  acts  of  con- 
gress as  aforesaid,  and  for  and  in  consideration  of 
the  premises,  and  for  the  purpose  and  with  the 
intent  of  better  and  more  effectually  securing  the 
payment  of  said  bonds  to  be  issued  as  aforesaid, 
with  the  interest  due  and  to  grow  due  thereon, 
and  for  and  in  consideration  of  one  dollar  lawful 
money  of  the  United  States  of  America,  by  the 
said  parties  of  the  second  part  hereto  fully  and 
truly  paid  to  the  said  party  of  the  first  part,  the 
receipt   whereof  is   hereby   acknowledged,  hath 
bargained,  sold,  assigned,  transferred,  and  set  over, 
enfeoffed,  conveyed,  and  confirmed  unto  the  said  what  property 
Edwin  D.  Morgan  and  Oakes  Ames,  the  said  par-bycthemovrt-ed 
ties  of  the  second  part,  as  trustees,  and  in  trust, gage* 
and  to  the  survivor  of  them,  and  to  their  succes- 
sor  or   successors,  all  and  singular  the  railroad 
and  telegraph  of  the  said  party  of  the  first  part, 
heretofore   constructed,  or   hereafter  to  be  con- 
structed, from  a  point  on  the  western  boundary 
of  the   state   of  Iowa,  heretofore   fixed   by  the 


70 


President  of  the  United  States,  pursuant  to  the 
terms  and  provisions  of  said  acts  of  congress,  to 
wit,  at  the  city  of  Omaha  in  the  territory  of 
Nebraska  j  thence,  as  provided  in  said  acts  of  con- 
gress, through  the  territories  of  the  United  States 
to  the  western  boundary  of  the  late  territory  of 
Nevada,  together  with  all  its  lands,  tenements, 
hereditaments,  rights  of  way,  and  easements, 
acquired  or  appropriated,  or  which  shall  be  here- 
after acquired  or  appropriated,  for  the  purpose  of 
a  right  of  way  for  a  single,  double,  or  other  track, 
railroad,  and  telegraph  line,  and  for  depots,  engine- 
houses,  car-houses,  station-houses,  warehouses, 
machine-shops,  superstructures,  erections,  and  fix- 
tures, being  necessary  for  the  use  of  said  railroad 
or  telegraph ;  and  also  all  and  singular  the  fran- 
chises, now  owned,  possessed  or  acquired,  or  which 
shall  be  hereafter  owned,  possessed,  or  acquired 
by  the  said  party  of  the  first  part,  for  the  purpose 
of  building  and  operating  said  railroad  and  tele- 
graph above  specified  and  described ;  and  also  all 
the  rails,  depots,  yards,  engine-houses,  car-houses, 
station-houses,  warehouses,  machine-shops,  work- 
shops, and  fixtures  of  said  party  of  the  first  part ; 
and  also  all  goods  and  chattels  now  owned,  or 
which  shall  hereafter  be  owned  or  acquired,  by 
said  party  of  the  first  part,  necessary  to  said  rail- 
road and  telegraph  line,  or  the  running  and  oper- 
ating the  same. 

To  have  and  to  hold  all  and  singular  the  prem- 
ises, rights,  franchises,  lands,  and  property,  real  and 
personal,  hereinbefore  and  hereby  assigned,  mort- 
gaged, pledged,  and  conveyed,  or  intended  to  be, 
and  every  part  and  parcel  thereof,  with  all  the 
appurtenances  unto  the  same  belonging,  or  in 
anywise  appertaining,  unto  the  said  Edwin  D. 
Morgan  and  Oakes  Ames,  parties  of  the  second 
part,  and  their  survivor,  successor  or  successors, 
and  his  or  their  assigns,  in  trust  for  the  person  or 


71 

persons,  firm  or  firms,  bodies  politic  or  corporate, *™g$i;*c" 
who  have  heretofore,  or  who  shall  hereafter  atjjo^j^Jeid 
any  time,  become  the  purchasers,  or  holders,  or  ^^^J. 
owners  of  any  or  either  of  said  bonds  so  to  be  JJJ^JJj1® 
issued  as  aforesaid,  and  subject  to  the  terms,  pro-made. 
visions,  and  conditions  in  said  bonds  contained, 
and  subject  also  to  the  provisions  and  conditions 
of  the  said  acts  of  congress,  and  also  subject  to 
the  possession  and  management  of  said  railroad 
and  telegraph  line  and  property  by  said  party  of 
the  first  part  and,  its  assigns,  so  long  as  no  default 
shall  be  made  in  the  payment  of  either  the  inter- 
est or  principal  of  the  said  bonds  so  to  be  issued, 
or  any  of  them,  and  so  long  as  said  party  of  the 
first  part  shall  well  and  truly  observe,  keep,  and 
perform,  all  and  singular,  the  covenants,  agree- 
ments, conditions,  and  stipulations  in  this  inden- 
ture contained  and  set  forth,  and  which  are  to  be 
observed,  kept,  and  performed  by  and  on  the  part 
of  the  said  party  of  the  first  part. 

And  the  said  Union  Pacific  Railroad  Company,  ^jjgJJJJJ  c°v_ 
the  party  of  the  first  part,  covenants  and  agrees  aeStaraeteSc&acr" 
to  and  with  the  said  parties  of  the  second  part, 
that  it  shall  and  will  pay,  or  cause  to  be  paid,  all 
taxes,  charges,  rates,  levies,  and  assessments  im- 
posed, assessed,  or  levied,  or  which  may  hereafter 
be  imposed,  assessed,  or  levied  upon  the  premises, 
lands,  franchises,  and  property  hereby  mortgaged, 
conveyed,  and  assigned,  or  intended  so  to  be  ;  and 
shall  and  will,  at  its  own  proper  cost,  charge,  and 
expense,  do,  or  cause  to  be  done,  all  the  acts  and 
things  necessary  or  proper  to  be  done  or  per- 
formed, in  order  to  preserve  and  keep  valid  and 
intact  the  lien  or  incumbrance  upon,  all  and  singu- 
lar, the  aforesaid  lands  and  premises,  property 
and  franchises,  hereby  created ;  and  further,  that 
the  said  party  of  the  first  part  shall  and  will  not, 
at  any  time  hereafter,  or  in  any  way  or  manner, 
interfere  or  avail  itself  of  any  extension   laws, 


72 

foTvaiffiif  appraisement  laws,  or  any  other  laws  of  the  states 
men? iIwsT&c  or  territories  through  which  the  said  road  shall 
pass,  now  in  force,  or  hereafter  to  be  enacted  and 
in  force  in  said  states  or  territories,  which  would 
alter,  affect,  or  impair,  or  which  are  or  which  may 
be  designed,  intended,  or  construed  to  alter,  affect, 
or  change  the  rights  and  interests  of  the  said 
parties  of  the  second  part,  as  herein  declared,  or 
which  shall  in  any  way  impede  or  obstruct  the 
mode  or  manner  of  realizing,  perfecting,  or  en- 
forcing the  rights  and  interests  of  any  of  the 
owners  or  holders  of  said  bonds  so  to  be  issued 
as  aforesaid,  or  which  shall  affect,  change,  or  alter 
the  time,  place,  mode,  means,  or  manner  of  per- 
fecting, enjoying,  or  enforcing  any  of  such  rights 
or  interests,  as  the  same  are  herein  declared ; 
company  to  do  and  also  that  the  said  party  of  the  first  part  shall 

whatever  may  .  f        J  r 

be  necessary     and  will,  at  any  time  or  times  hereafter,  and  from 

and  proper  to       .  7   .  J  7,     ,    ,. 

effectually  se-   time  to  time,  execute,  acknowledge,  and  deliver, 

cure  the  bonds.  .  7  '  o    7  7 

under  its  corporate  seal,  to  the  said  parties  of  the 
second  part,  and  the  survivor,  successor,  or  suc- 
cessors thereof,  all  such  other  or  further  assur- 
ances, deeds,  mortgages,  obligations,  transfers, 
indentures,  and  instruments  in  writing,  and  shall 
and  will  do  and  perform  all  such  other  or  further 
acts  or  things,  as  shall  or  may  be  necessary  or 
proper,  or  as  their  counsel  learned  in  the  law 
shall  deem  necessary,  proper,  or  expedient,  for  the 
better  or  more  effectually  securing  upon  the  above 
mortgaged  premises  the  payment  of  the  said  bonds 
so  to  be  issued,  and  the  interest  due  and  to  grow 
due  thereon  in  manner  aforesaid,  or  for  carrying 
into  effect  the  true  intent,  design,  objects,  and 
purposes  of  these  presents,  or  making,  preserving, 
continuing,  and  keeping  valid  and  effectual  the 
lien  and  incumbrance  created,  or  intended  to  be 
created,  by  the  execution,  delivery,  and  recording 
of  this  indenture,  upon  the  property  real  and 
personal,  rolling  stock,  equipments,  franchises,  and 
effects  hereinbefore  particularly  described. 


73 

This  indenture  further  witnesseth,  That  the 
said  Union  Pacific  Railroad  Company,  the  party  ^™f8any  cov" 
of  the  first  part,  by  these  presents  further  cove- 
nants and  agrees  to  and  with  the  said  parties  of 
the  second  part  hereto,  and  the  survivor  or  sur- 
vivors of  them,  and  their  and  his  successor  or 
successors,  as  trustees,  in  manner  and  form  fol- 
lowing, that  is  to  say, — 

First  That  the  said  Union  Pacific  Railroad 
Company,  the  party  hereto  of  the  first  part,  shall 
and  will  well  and  truly  pay  the  said  sums  of  money  to  pay  at  time 

,.  ,,  '-i-in  ,       i  i  and  in  manner 

secured  in  and  by  said  bonds  so  to  be  issued,  as  specified: 
herein  provided,  together  with  the  semi-annual 
interest  to  become  due  thereon,  at  the  rate  of  six 
per  centum  per  annum,  at  the  times,  in  the  man- 
ner, and  at  the  place  specified  therein  respectively. 

Second.     That   no    greater   amount   of  bonds  JJStaiKfi. 
shall  be  issued  or  put  in  circulation   under  the  trary t0  act8  of 

,    .  Jr  congress: 

provisions  of  this  deed  than  the  sum  or  amount 
authorized  to  be  issued  by  the  act  of  congress 
aforesaid,  nor  shall  any  such  bonds  be  issued  be- 
fore the  same  lawfully  may  be  issuable  in  pursu- 
ance of  said  acts. 

Third.     If  any  default  shall  be  made  in   the 
payment  of  any  of  said  bonds  or  coupons,  at  the 
time  and  place  when  the  same  shall  become  pay-     - 
able,   and   such   default   shall   continue   for    six 
months  thereafter,  then  the  said  trustees,  on  the  That  trustees 
request   in  writing  of  holders  of  a  majority  of  fault  may  take 
such  bonds,  then  in  force  and  so  in  default,  may  mortgaged 
and  shall  forthwith  enter  into  and  take  possession  SnEame" 
of  all  and  singular  the  said  mortgaged  property,  ceeds  in  pay™" 

.-,,  i     n  °      i  •  t  ,1  ment  of  bonds, 

rights,  and  franchises,  and  use,  operate,  and  man-&c. 
age  the  same  for  the  benefit  of  the  holders  of  all 
said  bonds ;  and  if  such  default  shall  continue  for 
the  space  of  one  year  from  the  time  of  the  hap- 
pening of  such  default,  then  said  trustees,  upon 
the  request  in  writing  of  the  holders  of  a  majority 
of  all  said  bonds  then  outstanding,  may  and  shall 


74 

offer  for  sale,  and  sell,  all  and  singular  the  said 
mortgaged  property,  rights,  and  franchises,  or  so 
much  thereof  as  may  be  necessary,  at  public 
auction,  first  giving  notice  of  such  sale  by  adver- 
tisement in  one  or  more  newspapers  published  in 
the  city  of  New  York,  for  a  period  of  ninety  days, 
and  otherwise  proceeding  according  to  the  statutes 
in  such  case  made  and  provided :  and  as  the  at- 
torneys of  the  said  party  of  the  first  part,  for  that 
purpose  by  these  presents  duly  authorized,  con- 
stituted, and  appointed,  may  and  shall  make  and 
deliver,  to  the  purchaser  or  purchasers  on  said 
sale,  a  good  and  sufficient  deed  or  deeds  of  con- 
veyance in  the  law  of  the  lands  and  real  property 
so  sold,  in  fee  simple,  and  of  all  other  property, 
rights,  franchises,  and  privileges  so  sold,  by  such 
full,  perfect,  and  effectual  title  and  estate  as  the 
nature  of  the  things  sold  shall  admit  and  allow ; 
and  all  proceeds  of  said  mortgaged  property, 
rights,  and  franchises,  which  shall  be  realized  by 
the  management  or  operation  thereof,  or  the  sale 
thereof,  provided  for  in  this  third  clause,  after 
deducting  all  necessary  and  proper  costs,  expenses, 
charges,  and  commissions  of  said  sale,  and  all  the 
other  expenses  and  disbursements  of  the  said 
trustees  in  their  proceedings,  shall  be  applied  by 
said  trustees  to  the  payment  of  the  moneys  then 
owing  for  principal  and  interest  upon  such  of  said 
bonds  as  shall  then  remain  in  force,  whether  due 
or  to  become  due,  and  without  preference,  and 
the  surplus,  if  any,  shall  be  paid  by  them  to  the 
said  party  of  the  first  part,  its  successors  or  as- 
signs. 
Amounts  in  de-  And  in  case  of  the  said  trustees  entering  and 
Trustees  to  re-  taking  possession  as  aforesaid,  then  at  any  time 
e1r3ty"&c.prop*  afterwards,  but  before  such  sale  as  aforesaid,  upon 
the  payment  and  satisfaction  of  all  sums  then 
payable  on  said  bonds  for  interest,  and  all  costs, 
expenses,  and   charges  incurred  or  accrued   by 


75 

reason  of  such  entry,  possession,  and  use,  and  the 
operating  and  using  of  the  property  by  the  said 
trustees,  they,  the  said  trustees,  shall  relinquish 
and  restore  the  premises  to  the  said  party  of  the 
first  part,  to  be  held  subject  to  these  presents  in 
like  manner  as  if  such  entry  had  not  been  made. 

And  whensoever  the  said  trustees  shall  be  in  Power  of  tro* 
possession  by  means  of  any  such  entry,  they  shall  s?on!n  p0Si 
have  full  power  to  run  and  operate  said  railroad, 
and  to  do  and  carry  on  the  business  of  the  corpo- 
ration, party  of  the  first  part,  including  repairs, 
for  the  benefit  of  the  holders  of  said  bonds  under 
the  trusts  by  these  presents  declared,  in  such 
manner  as  the  said  trustees  shall  deem  discreet 
and  advisable. 

And  for  all  services  rendered  by  the  said  trus-  Trustees  paid, 
tees    in   performance   of  any   duty   whatsoever  whom, 
under  and  by  virtue  of  these  presents,  they  shall 
be  entitled  to  receive  from  the  parties  of  the  first 
part,  or  from  and  out  of  the  said  property  or  its 
proceeds,  a  fair  and  proper  compensation. 

This  Indenture  further  witnesseth:  That  these  Mortgage  to 

,  -. .    .  ,  cease  on  pay- 

presents  are  upon  the  express  condition,  that, gent of: an 
upon  the  payment  of  all  the  bonds  so  issued  and 
to  be  issued  in  full  and  the  interest  due  thereon, 
then  these  presents,  and  the  estate  hereby  grant- 
ed, shall  cease  and  determine ;  and  the  said  party 
of  the  first  part,  its  successors  and  assigns,  shall 
thereupon  be  immediately  and  fully  reinvested 
with  said  premises,  franchises,  and  property  here- 
by granted  in  law  and  in  fact,  without  any  entry 
or  other  act  whatsoever. 

It  is  further  agreed,  that  no  one  of  the  said  Trustees  not  to 

i,  ii      *  '  ini       be  answerable 

trustees,  their    survivor   or   successors,  shall   be  for  each  other, 
answerable  for  the  acts,  omissions,  or  defaults  of 
the  other,  nor  for  anything  short  of  gross  negli- 
gence or  wilful  default  in  the   discharge  of  his 
duties. 

And  this  indenture  further  witnesseth:  That 


76 


Trust  extends 
only  to  bonds 
certified  by 
trustees. 


"Vacancies  in 
trustees,  bow 
to  be  filled. 


On  failure  to 
fill  vacancy, 
secretary  of 
company  to 
call  meeting  of 
bond-holders. 


this  trust,  and  the  security  hereby  intended,  ex- 
tends only  to  such  bonds  of  the  party  of  the  first 
part  as  shall  be  certified  by  the  said  trustees,  or 
the  survivor  of  them,  and  his  and  their  successor 
or  successors,  and  when  all  such  bonds  shall  be 
satisfied  and  discharged,  the  trusts  herein  and 
hereby  created  shall  cease. 

This  indenture  further  witnesseth:  And  it  is 
hereby  expressly  agreed,  that  in  case  of  the  death, 
resignation,  incapacity,  or  removal  of  any  or  either 
of  the  parties  of  the  second  part,  then  it  shall  and 
may  be  lawful,  and  the  remaining,  acting,  surviv- 
ing, or  competent  trustee,  and  the  party  of  the 
first  part,  are  hereby  jointly  empowered  to  elect 
and  appoint,  by  an  instrument  in  writing  duly  ex- 
ecuted by  each  of  such  parties,  a  competent  per- 
son to  fill  the  vacancy  created  in  manner  afore- 
said, and  that  such  person  so  appointed  trustee, 
on  his  acceptance  of  such  appointment,  shall  have 
and  possess  and  be  vested  with  the  same  rights 
and  powers  as  trustee  as  he  would  have  had  and 
possessed  or  been  vested  with,  had  be  been  origi- 
nally made  a  party  of  the  second  part  hereto,  and 
shall  perform  the  same  duties  in  all  respects;  and 
until  such  appointment  shall  be  so  made  in  man- 
ner aforesaid,  and  notwithstanding  any  vacancy 
as  aforesaid,  said  remaining,  surviving,  acting,  or 
competent  trustee  shall  have  full  power  and  au- 
thority to  execute  each  and  all  the  trusts  hereby 
created;  and  his  acts  in  the  premises  shall  be  as 
legal,  valid,  and  effectual  in  all  respects  and  to  all 
intents  and  purposes  as  if  the  same  had  been 
done  and  performed  by  both  the  parties  hereto  of 
the  second  part. 

And  if  for  any  reason  the  said  surviving  trustee 
and  the  party  of  the  first  part  hereto  should  fail 
to  unite  in  the  appointment  of  a  trustee,  as  before 
required,  within  the  space  of  thirty  days  after 
such  vacancy  occurs,  then,  and  in  that  case,  it 


77 

shall  be  the  duty  of  the  secretary  of  the  com- 
pany to  call  a  meeting  of  the  bondholders,  by 
printed  notice  published  in  two  of  the  public 
newspapers  of  the  city  of  New  York,  calling  such 
meeting  of  the  bondholders  to  be  held  in  said 
city,  not  less  than  thirty  days  after  the  first  pub- 
lication of  said  notice,  for  the  purpose  of  filling 
such  vacancy. 

At  the  time  and  place  specified  in  such  notice, 
the  holders  of  said  bonds,  at  such  meeting,  shall  power  of  bond- 
proceed  to  elect  a  suitable  person  to  act  as  such  mee1ing0f  8UCh 
trustee  to  fill  said  vacancy;  and  a  majority  in 
interest  of  said  bondholders  so  attending  said 
meeting,  or  legally  represented  thereat,  shall  be 
competent  to  elect  a  new  trustee;  and  the  person 
so  elected  shall  immediately,  on  such  election  and 
on  his  acceptance  in  writing  of  such  trust,  become 
vested  wuth  all  the  estate,  trust  rights,  powers, 
and  duties  of  the  trustee  in  whose  place  he  shall 
have  been  elected. 

And  in  case  said  appointment  shall  be  made  in  company  to 
manner  aforesaid,  or  in  case  of  such  election  asSmeS, 
aforesaid,  the  said  party  of  the  first  part  hereby  we  trustees"*" 
covenants  to   make,  execute,  and   deliver   suchact'&c' 
other  or  further  instruments,  deeds,  indentures,  or 
assurances  as  may  be  necessary  to  enable  the 
person  or  persons  so  appointed  or  elected  to  exe- 
cute the  trusts  hereby  created  and  declared,  as 
fully  and  perfectly  in  all  respects  as  he  or  they 
could  have  executed  the  same  if  originally  made 
>  a  party  or  parties  of  the  second  part  to  this  in- 
denture. 

Notice  of  the  appointment  or  election  of  every  Notice  to  De- 
new  trustee  shall  be  given  to  the  Department  of  JjEiSSriSr. 
the  Interior. 

It  is  further  agreed  that  it  shall  be  the  duty  of  Further  duties 
the  said  trustees  to  certify  as  aforesaid,  and  deliver  of 
immediately  to  the  said  party  of  the  first  part  all 
such  bonds  as  by  the  said  acts  of  congress  may 


trustees. 


78 

lawfully  be  issued  from  time  to  time  as  the  same 
shall  become  issuable,  to  be  held  or  used  by  the 
said  party  of  the  first  part. 

In  witness  whereof,  the  said  Union  Pacific  Kail- 
road  Company,  the  party  of  the  first  part,  has 
caused  these  presents  to  be  subscribed  by  its 
president  and  attested  by  its  secretary,  and  has 
caused  its  corporate  seal  to  be  hereunto  affixed ; 
and  the  said  parties  of  the  second  part,  for  the 
purpose  of  signifying  their  acceptance  of  the 
trusts  herein  and  hereby  created,  have  hereunto 
subscribed  their  names  and  affixed  their  seals,  the 
day  and  year  first  above  written. 

JOHN  A.DIX,  [l.s.] 

President  Union  P.  R.  R.  Co. 
Suscribed,  sealed,  and  deliv-1  Attest, 

ered  in  the  presence  of     j       CHS.  TUTTLB, 

By  E.  D.  MOKGAN.     Secretary  U.  P.  R.  R.  Co. 

Witness :  Chas  Tracy,  r  d  MOKGAN.  [l.s.] 

John  I.Davenport.  l     j 

By  OAKES  AMES.  OAKES  AMES,  [l.s.] 

Witness;  Chas.  Tracy, 
Amasa  Cobb. 

By  J.  A.  DIX  and  C.  TUTTLE. 
Witness :  Chas.  Tracy, 

Charles  Nettleton. 


District  of  Columbia,  1 
Washington  County,  J 
I,  John  F.  Callan,  a  commissioner  for  the 
territory  of  Nebraska,  residing  in  Washington,  in 
the  county  of  Washington  and  District  of  Colum- 
bia, do  certify  that  on  the  13th  day  of  December, 
in  the  year  1865,  at  Washington,  in  the  district 
aforesaid,  before  me  personally  appeared  Charles 
Tracy,  who,  being  by  me  duly  sworn,  did  depose 
and  say  that  he  resides  in  the  city  of  New  York, 
in  the  state  of  New  York;  that  he  was  one  of  the 
subscribing  witnesses  to  the  execution  of  the  fore- 


79 

going  deed ;  that  he  knew  Edwin  D.  Morgan  and 
Oakes  Ames,  the  persons  described  in  and  who 
executed  the  said  deed ;  that  he  saw  said  Morgan 
and  the  said  Ames  sign,  seal,  and  deliver  the  same; 
and  they  acknowledged  to  him  that  they  execut- 
ed the  same  ;  and  that  he,  the  said  Charles  Tracy, 
thereupon  became  the  subscribing  witness  to  the 
execution  of  the  said  deed,  which  is  to  me  satis- 
factory evidence  of  the  due  execution  of  said  deed. 
In  witness  whereof,  I  have  hereunto  set 
my  hand  and  official  seal,  at  Washington, 
[l.  s.]    in  the  county  of  Washington,  in  the  Dis- 
trict of  Columbia,  this  13th  day  of  De- 
cember, in  the  year  1865. 

John  F.  Callan, 
A  Commissioner  for  Nebraska. 


U.S. 

Revenue    Stamps, 

5  cents, 

Cancelled. 


State  of  New  York, 
City  and  County  of  New  York 


Jss. 


Be  it  remembered,  that  on  this  fifteenth  day 
of  December,  A.  D.  one  thousand  eight  hundred 
and  sixty-five,  before  me,  Charles  Nettleton,  a 
commissioner  of  the  territory  of  Nebraska,  in 
and  for  the  state  of  New  York,  duly  appointed 
and  commissioned  by  the  governor  of  said  terri- 
tory, duly  sworn  and  dwelling  in  said  city  of  New 
York,  personally  appeared  John  A.  Dix,  the  presi- 
dent of  the  Union  Pacific  Kailroad  Company,  and 
Charles  Tuttle,  the  secretary  of  the  same  com- 
pany, to  me  respectively  known,  who,  being  by  me 
severally  duly  sworn,  did  depose  and  say  that  he, 
the  said  John  A.  Dix,  resided  in  the  city,  county, 
and  state  of  New  York,  and  that  he,  said  Charles 
Tuttle,  resided  in  Eye,  in  the  county  of  Westches- 
ter, in  the  state  of  New  York ;  that  he,  said  John 
A.  Dix,  was  the  president,  and  he,  said   Charles 


80 


Tuttle,  was  the  secretary,  of  said  Union  Pacific 
Railroad  Company  ;  that  they  each  knew  the  cor- 
porate seal  of  the  said  company ;  that  the  seal 
affixed  to  the  foregoing  indenture  was  such  cor- 
porate seal ;  that  the  said  corporate  seal  was  so 
affixed  by  the  order  of  the  board  of  directors  of 
said  company,  and  with  the  assent  and  authority 
of  the  stockholders  thereof;  and  that  the  said 
John  A.  Dix,  as  such  president  as  aforesaid,  sub- 
scribed the  said  indenture ;  and  the  said  Charles 
Tuttle,  as  such  secretary  as  aforesaid,  attested  the 
same  by  subscribing  his  name  thereto,  by  the  like 
order  and  authority ;  and  they,  the  said  John  A. 
Dix  and  Charles  Tuttle,  acknowledged  to  me  that 
they  executed  the  same  indenture  in  manner 
aforesaid,  as  the  act  and  deed  of  the  said  Union 
Pacific  Railroad  Company. 

In  witness  whereof,  I  have  hereunto  set 
P  -,  my  hand  and  affixed  my  official  seal,  the 
L  '   'J    day  and  year  above  written. 


U.S. 

Revenue  Stamp, 

5  cents, 

Cancelled. 


Charles  Nettleton, 

Commissioner  for  the  Territory 

of  NebrasJca,  in  New  York. 


Similar  certificates  follow  for  the  territories  of 
Dakota,  Colorado,  Utah,  and  state  of  Nevada. 


81 


LAND  GRANT  MORTGAGE. 


THIS  INDENTURE,  made  this  sixteenth  day 
of  April,  one  thousand  eight  hundred  and  sixty- 
seven,  between  the  Union  Pacific  Railroad  Com- 
pany, a  body  corporate,  created  by  and  linder  an 
act  of  the  congress  of  the  United  States  of  Amer- 
ica, approved  July  1, 1862,  entitled  "An  act  to  aid 
in  the  construction  of  a  railroad  and  telegraph 
line  from  the  Missouri  river  to  the  Pacific  ocean, 
and  to  secure  to  the  government  the  use  of  the 
same  for  postal,  military,  and  other  purposes," 
party  of  the  first  part,  and  Cyrus  H.  McCormick  Trustees. 
of  the  city  of  New  York,  and  John  Duff  of  the 
city  of  Boston,  parties  of  the  second  part,  wit- 
nesseth : 

Whereas,  by  the  said  act  of  congress,  approved 
July  1,  1862,  being  chapter  120,  and  by  the  act 
of  congress  amendatory  thereof,  approved  July  2, 
1864,  being  chapter  216,  a  large  number  of  sec- 
tions of  the  public  lands  of  the  United  States  has 
been  granted  to  the  said  company  for  the  purpose  Purpose  of 
of  aiding  in  the  construction  of  its  railroad  and  an  gra 
telegraph  line,  and  to  secure  the  safe  and  speedy 
transportation  of  the  mails,  troops,  munitions  of 
war,  and  public  stores  thereon ; 

And  whereas,  the  said  party  of  the  first  part, 
for  the  purpose  of  raising  money  to  aid  in  the 
construction  of  said  railroad  and  telegraph  line, 
and  to  secure  the  safe  and  speedy  transportation 
of  said  mails,  troops,  munitions  of  war,  and  public 
stores,  has  determined  to  make  and  issue,  from 
time  to  time,  under  its  corporate  seal,  and  secure 
by  mortgage  on  said  lands  the  bonds  of  said 
company  to  an  amount  not  exceeding  ten  thou- Amount  and 

1     i    ri  /»  i  -i  n         '  i  'i  J  'J  denomination 

sand  dollars  for  each  mile  of  said  railroad ;  said  of  bonds,  &c. 
6 


82 

bonds  to  be  severally  for  the  sum  of  one  thousand 
dollars  each,  and  payable  to  the  bearer  thereof 
twenty  years  after  the  date  thereof,  with  semi- 
annual interest  at  the  rate  of  seven  per  centum 
per  annum,  payable  on  every  the  first  day  of 
April  and  October  ensuing  the  date  thereof,  until 
the  principal  sum  shall  be  paid  according  to  the 
tenor  thereof;  each  of  said  bonds  to  bear  date  of 
the  time  of  its  issue  and  to  be  certified,  and  to 
have  coupons  for  such  interest  annexed,  and  to  be 
in  form  as  follows,  namely  : 

[copy  of  bond.] 

UNITED  STATES  OP  AMERICA. 

No.  $1000. 

UNION  PACIFIC  RAILROAD  COMPANY. 

BOND. 

Secured  by  mortgage  on  lands  granted   by  the 
United  States. 
The  Union  Pacific  Railroad  Company  acknowl- 
edges itself  to  owe  to  bearer  one  thousand  dollars, 
which  sum  said  company  promises  to  pay  to  the 
holder  hereof,  at  its  office  in  the  city  of  New  York, 
twenty  years  after  the  date  hereof,  and  also  inter- 
Bond-  est  thereon  at  the  rate  of  seven  per  cent,  per 

annum,  semi-annually,  on  the  first  day  of  each 
April  and  October  ensuing  the  date  hereof,  until 
the  said  principal  sum  shall  be  paid,  on  the  pre- 
sentation of  the  annexed  interest  coupons  at  the 
office  of  the  company  in  the  city  of  New  York. 

In  testimony  whereof,  the  said  company  has 
caused  to  be  affixed  hereto  its  corporate  seal,  and 
these  presents  to  be  subscribed  by  its  president 

and  treasurer,  this day  of. one 

thousand  eight  hundred  and 

Treasurer President. 

[L.S.] 


83 

[certificate.] 

The  undersigned  trustees  do  hereby  certify  certificate  of 
that  the  Union  Pacific  Railroad  Company  has 
executed  to  us  a  deed  of  trust,  or  mortgage,  pur- 
porting to  convey  all  the  right,  title,  and  interest 
which  the  said  company  now  has  or  shall  here- 
after acquire  in  and  to  all  public  lands  of  the 
United  States,  to  said  company,  granted  by  an 
act  of  congress,  approved  July  1,  1862,  and  by 
the  act  amendatory  thereof,  approved  July  2, 1864, 
except  the  lands  which  are  or  shall  be  included 
in  the  railroad  and  telegraph  line  of  said  company, 
or  used  for  the  construction  or  operation  thereof 
or  for  the  track,  yards,  depot  grounds,  buildings, 
or  erections  thereof,  in  trust  for  the  benefit  of  the 
holders  of  its  bonds  of  similar  tenor  with  the 
foregoing,  except  as  to  the  date,  issued,  and  to  be 
issued,  to  an  amount  not  exceeding  in  all  ten 
thousand  dollars  per  mile  of  said  railroad;  with 
power,  in  case  of  a  default  in  paying  the  interest 
or  principal  of  said  bonds  or  any  of  them,  to  take 
possession  of  and  to  sell  the  lands  so  conveyed, 
and  apply  the  proceeds  to  the  payment  of  said 
bonds ;  and  that  the  foregoing  is  one  of  the  sev- 
eral bonds  described  in  and  secured  by  said  deed ; 
and  that  we  have  caused  the  said  deed  to  be 
recorded  in  every  county  through  or  in  which  the 
said  road  has  been  actually  constructed,  and  in 
which  the  said  lands  so  far  as  thereby  already 
acquired  are  situated,  and  a  certified  copy  thereof 
is  filed  in  the  office  of  the  Secretary  of  the  Inte- 
rior at  Washington,  and  that  the  same  is  a  first 
lien  upon  all  the  lands  so  conveyed  ;  and  that  the 
whole  amount  of  such  bonds  certified  by  us  does 
not  exceed  ten  thousand  dollars  for  each  mile  of 
the  track  of  said  railroad  actually  laid. 

Dated, 18 


} 


Trustees. 


84 


Coupon. 


Purpose    of 
conveyance. 


What  convey- 
ed. 


$35.  [copy  op  coupon.] 

The  Union  Pacific  Railroad  Company  will  pay 
the  bearer,  at  its  office  in  the  city  of  New  York, 

on  the  first  day  of. 18     ,  thirty-five 

dollars,  being  the  interest  due  that   day  on  its 

Land  Grant  Bond  No 

Treasurer. 

Noio,  therefore,  this  indenture  witnesseth,  That 
the  said  party  of  the  first  part,  for  securing  the 
payment  of  the  sums  of  money  mentioned  in  the 
said  bonds,  and  the  interest  thereof,  and  in  consid- 
eration of  the  premises,  and  also  for  and  in  con- 
sideration of  the  sum  of  one  dollar  to  the  said 
party  of  the  first  part  in  hand  paid  by  the  parties 
of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  has  granted,  bargained,  sold,  re- 
leased, enfeoffed,  conveyed,  and  confirmed,  and  by 
these  presents  does  grant,  bargain,  sell,  release, 
enfeoff,  convey,  and  confirm  unto  the  said  parties 
of  the  second  part,  as  trustees,  and  to  their  suc- 
cessors and  survivor,  and  their  and  his  heirs  and 
assigns  forever  : 

All  and  singular,  the  said  several  sections  of 
land  so  as  aforesaid  granted  to  said  company  by 
said  acts  of  congress ;  and  also  all  the  estate,  right, 
title,  interest,  claim,  and  demand  whatsoever,  at 
law  or  in  equity,  of,  in,  or  to  the  same,  or  any  part 
or  parcel  thereof,  which  the  said  party  of  the  first 
part  now  has,  holds,  owns,  or  is  entitled  to,  or 
hereafter  may  or  shall  acquire,  have,  hold,  own,  or 
be  or  become  entitled  to,  by  force  or  virtue  of 
the  said  acts  of  congress  :  Saving,  Excepting,  and 
Reserving  all  parts  and  parcels  of  said  lands 
which  are  or  shall  be  included  in  the  said  railroad 
and  telegraph  line  of  said  company,  or  used  for 
the  construction  or  operation  thereof,  or  for  the 
track,  yards,  depot  grounds,  buildings,  or  erections 
thereof: 


85 

To  have  and  to  hold,  all  and  singular,  the  lands 
hereby  granted,  or  intended  to  be  granted,  and 
each  and  every  part  and  parcel  thereof,  with  the 
appurtenances  thereunto  belonging,  unto  the  said 
parties  of  the  second  part,  and  their  successors 
and  survivor,  and  their  and  his  heirs  and  assigns 
forever,  as  trustees,  for  the  uses  and  purposes,  and 
upon  the  trusts,  terms,  conditions,  and  agreements 
in  this  indenture  set  forth  and  declared. 

Provided,  always,  and  these  presents  are  upon  conditions  of 
the  express  condition,  that  if  the  said  party  of 
the  first  part  shall  well  and  truly  pay,  or  cause  to 
be  paid,  to  the  holders  of  the  said  bonds,  and 
every  of  them,  the  principal  sums  of  money 
therein  mentioned,  according  to  the  tenor  thereof, 
with  the  interest  thereon,  at  the  times  and  in  the 
manner  hereinbefore  provided,  according  to  the 
true  intent  and  meaning  of  these  presents,  then 
and  from  thenceforth  this  indenture  and  the  estate 
hereby  granted  shall  cease  and  determine,  and  all 
the  right,  title,  and  interest  in  any  and  all  prop- 
erty hereby  conveyed  to  the  parties  of  the  second 
part,  not  then  disposed  of  under  the  powers  here- 
by  conferred,  shall  revert  to  and  vest  in  the  said 
party  of  the  first  part. 

This  Indenture  further  witnesseth,  that  these 
presents,  and  the  said  bonds,  are  made,  executed, 
and  delivered  upon  the  trusts,  terms,  conditions, 
and  agreements  following ;  that  is  to  say, — 

That  all  the  lands  herein  above  conveyed  and 
mortgaged  shall  be  under  the  sole  and  exclusive 
management  and  control  of  the  said  party  of  the  company  to 
first  part,  who  shall  have  full  power  and  authority  proceeds  V be 
to  make  contracts  for  the  sale  of  the  same  at  suchpai 
price,  on  such  credit  or  terms  of  payment,  and 
such  other  conditions  as  shall  be  agreed  on  by  the 
said  party  of  the  first  part  and  said  trustees,  and 
as  shall  seem  to  them  best  calculated  to  secure  the 
payment  in  full  of  all  the  bonds  issued,  as  herein- 


86 

before  provided,  until  entry  or  foreclosure  by  the 
trustees,  as  hereinafter  provided.  But  no  title  to 
any  tract  of  land,  contracted  to  be  sold  by  the  said 
party  of  the  first  part,  shall  be  given  until  the 
whole  of  the  purchase-money  of  said  tract  shall 
be  paid  to  said  parties  of  the  second  part,  or  their 
successors  or  survivor,  in  cash  or  in  said  bonds, 
or  over-due  coupons  thereof. 

And  for  this  purpose,  it  is  agreed  that  the  said 
party  of  the  first  part  and  said  trustees  shall  cause 
company  and  all  such  lands,  as  they  shall  from  time  to  time  be- 
termine  price  of  come  subject  to  sale,  to  be  carefully  examined  and 
surveyed,  and  shall  affix  to  each  tract  or  parcel 
such  price  as  in  their  judgment  shall  be  most  ju- 
dicious, having  in  view  the  interests  of  all  parties; 
and  said  lands  shall  be  and  remain  at  all  times 
thereafter  open  for  sale  to  any  person  who  may 
desire  to  purchase  and  pay  therefor, — the  prices 
being,  nevertheless,  at  all  times  subject  to  revision 
and  alteration  by  the  said  parties ;  and  the  party 
of  the  first  part  may  reserve  from  sale  any  lands 
necessary  for  depot  grounds,  or  other  purposes 
connected  with  the  construction  or  operation  of 
the  said  railroad  or  telegraph. 
Bonds  and  cou-  The  purchaser  of  any  such  land  shall  be  at  lib- 
Sedt0in  ePay- erty  to  pay  for  the  same  in  the  aforesaid  bonds  or 
ment  for  lands.  over_(jue  coupons  at  par;  and  when  any  tract  or 
parcel  of  said  lands  shall  have  been  purchased 
and  paid  for,  either  in  bonds,  coupons,  or  cash,  as 
hereinbefore  provided,  the  same  shall  be  conveyed 
by  the  said  party  of  the  first  part  and  said  trus- 
tees to  the  purchaser  in  fee  simple,  and  shall  by 
such  conveyance  be  absolutely  and  forever  re- 
leased from  any  and  all  lien  or  incumbrance, 
for  or  on  account  of  said  bonds,  or  any  other  debt 
or  obligation  of  the  said  party  of  the  first  part. 
Trustees  to  can-  The  said  trustees  shall  and  will  cancel  and  dis- 
charge each  and  every  bond  and  the  coupons 
thereon,  and   all  over-due  coupons,  which  they 


eel  bonds,  &c. 


87 

may  receive  in  payment  for  land,  or  by  purchase, 
by  defacing  the  seal  of  the  corporation,  perforat- 
ing the  signatures  of  the  president  and  treasurer, 
and  drawing  lines  across  each  of  the  interest  cou- 
pons, on  receipt  thereof;  and  all  bonds  and  cou- 
pons received  in  payment  for  lands,  as  aforesaid, 
shall,  when  so  cancelled,  be  delivered  to  the  said 
party  of  the  first  part. 

The  said  trustees  shall  apply  the  proceeds  of  all  Trustees  to  ap- 
sales  made  by  them  of  lands  hereby  conveyed,  to  safestopayment 
the  sole  and  exclusive  purpose  of  the  payment  of0 
the  bonds  provided  for  in,  and  issued  in  conformity 
to  the  terms  of,  this  indenture.  And  for  this  pur- 
pose all  such  avails  shall,  from  time  to  time,  as  the 
same  are  realized,  be  used  in  the  purchase  of  such 
bonds  in  the  market,  to  be  cancelled,  so  long  as 
purchases  thereof  can  be  made  at  par ;  and  when- 
ever such  bonds  cannot  be  purchased  at  that  rate, 
said  trustees  shall  advertise  for  proposals  to  sell 
such  bonds  to  them  in  two  newspapers  published 
in  the  city  of  New  York;  and  after  receiving 
such  proposals,  they  shall  have  power  to  pur- 
chase such  bonds  at  the  lowest  terms  so  of- 
fered. 

The  said  party  of  the  first  part  doth  hereby  cove- 
nant and  agree  to  pay  to  the  holders  of  said  bonds 
respectively,  the  said  principal  sums  of   money 
therein  mentioned,  and  the  interest  thereof,  as 
aforesaid.     If  any  default  shall  be  made  in  the  in  default  of 
payment  either  of  principal  or  interest  on  any  ofS^ay'takT 
said  bonds  for  six  months,  after  demand  at  the  FanX  &°cn  ° 
place  of  payment  when  the  same  shall  become 
due,  then  the  said  trustees  may,  on  being  request- 
ed by  the  holders  of  at  least  one  hundred  thousand 
dollars  of  such  bonds,  enter  into  and  take  posses- 
sion of  any  of  the  lands  above  conveyed,  and  fore- 
close this  mortgage,  and  may  sell  at  public  auction 
so  much  of  said  lands  as  may  be  necessary  to 
discharge  all  arrears  of  such  interest,  and  apply 


88 

the  proceeds,  after  deducting  the  costs,  charges, 
and  expenses  of  such  entry,  foreclosure,  and  sale, 
to  the  payment  of  such  arrears  of  interest.  If  any 
such  default  shall  continue  for  one  year  from  the 
time  of  such  demand  and  refusal,  the  principal 
sum  of  all  said  bonds  then  outstanding  shall  be- 
come due  and  payable,  and  the  said  trustees  may 
enter  into  and  take  possession  of  all  the  lands 
above  by  these  presents  mortgaged  or  conveyed, 
foreclose  this  mortgage,  and  sell  at  public  auction 
all  said  lands,  or  so  much  thereof  as  may  be  nec- 
essary, first  giving  at  least  six  months'  previous 
notice  of  the  time  and  place  of  sale  in  at  least  one 
newspaper  published  in  the  city  of  New  York,  and 
in  one  published  in  the  city  of  Omaha ;  and  they 
shall  apply  the  proceeds  thereof,  after  deducting 
the  costs,  charges,  and  expenses  of  such  last  men- 
tioned entry,  foreclosure,  and  sale,  to  the  payment 
of  all  said  bonds  then  outstanding  and  the  interest 
accrued  thereon,  rendering  the  overplus,  if  any 
there  shall  be,  unto  the  said  party  of  the  first  part. 
In  case  of  any  sale  upon  any  such  foreclosure  or 
at  any  such  public  auction,  the  said  trustees  shall 
make,  execute,  and  deliver  a  conveyance  of  the 
said  lands  so  sold,  which  shall  convey  to  the  pur- 
chaser all  the  rights  and  privileges  of  the  said 
party  of  the  first  part,  in  and  to  the  property  so 
sold,  to  the  same  extent  as  the  same  shall  have 
been  previously  enjoyed  and  held  by  the  said 
party  of  the  first  part. 
company  enti-     If  after  any  such  entry  shall  be  made  or  any 

tied  to    repos-  .     r  i  t  i      n   l  J 

session  on  pay-  such  foreclosure  proceedings  shall  be  commenced, 
for  the  satisfying  of  interest  only,  as  above  pro- 
vided, and  before  the  lands  are  sold  thereon,  the 
said  party  of  the  first  part  shall  pay  and  discharge 
such  interest  and  deliver  the  coupons  therefor  to 
the  said  trustees,  and  pay  all  the  costs,  charges, 
and  expenses  incurred  in  such  entry  and  fore- 
closure and  the  proceedings  thereon,  then  and  in 


89 

every  such  case  the  said  trustees  shall  discontinue 
their  proceedings  thereon,  and  restore  to  the  said 
party  of  the  first  part  all.  such  lands,  to  be  held 
subject  to  the  above  conveyance  and  mortgage, 
and  subject  to  all  the  provisions,  terms,  and  con- 
ditions of  these  presents,  in  like  manner  as  if  such 
entry  had  not  been  made  nor  such  foreclosure 
proceedings  commenced. 

In  case  a  vacancy  shall  happen  in  the  number 
of  trustees  hereinbefore  mentioned,  as  parties  of 
the  second  part  in  this  indenture,  the  remaining 
trustee  shall,  while  said  vacancy  exists,  have  all 
the  rights,  exercise  all  the  powers,  and  discharge 
all  the  duties  devolving  on  the  said  trustees  by 
this  instrument.  But,  as  soon  as  it  conveniently  vacancies  in 
may  be  done,  such  vacancy  shall  be  filled  by  the  /neVT&c. ow 
nomination,  by  the  remaining  trustee,  of  some 
proper  person  to  fill  such  vacancy ;  which  nom- 
ination shall  be  submitted  to  the  board  of  direc- 
tors of  said  company,  and,  if  approved  by  them, 
the  person  so  nominated  and  approved,  immediate- 
ly shall  become  a  trustee  under  this  instrument. 
If  said  nomination  is  not  approved,  another  per- 
son shall  be  nominated  by  said  remaining  trustee, 
and  in  like  manner  submitted  for  approval ;  and 
so  on  till  three  nominations  shall  have  been  made. 
But  if  three  successive  nominations  shall  be  made, 
and  none  of  them  shall  be  approved  by  said  board, 
said  vacancy  shall  be  filled  by  a  committee  of 
three  persons,  selected,  one  by  said  remaining 
trustee,  one  by  said  board  of  directors,  and  a 
third  by  the  two  thus  selected,  and  the  person 
appointed  trustee  by  a  majority  of  the  committee 
shall  be  and  remain  a  trustee  under  this  instru- 
ment. And  the  person  regularly  appointed  a 
trustee  to  fill  a  vacancy  in  either  of  the  forms 
above  specified,  shall,  from  and  after  his  said  ap- 
pointment and  his  acceptance  of  the  appointment, 
become  vested   with   the   same   estates,  powers, 


90 

rights,  and  interests,  and  charged  with  the  same 
duties  and  responsibilities  as  if  he  had  been  one 
of  the  original  trustees,,  parties  of  the  second  part, 
named  in  and  executing  this  instrument ;  and  the 
prior  remaining  trustee  may  and  shall  execute 
such  conveyances  and  instruments  as  may  be 
proper  or  necessary  to  vest  the  same  in  such  new 
trustee  jointly  with  him  or  to  furnish  evidence  of 
such  vesting. 

If  at  any  time  either  of  the  said  trustees  shall 
^hotrof^tru8-resign  his  place  as  trustee,  by  a  proper  deed  or 
writing  to  that  effect,  and  such  resignation  shall 
be  accepted  by  the  said  party  of  the  first  part, 
then,  and  in  every  such  case,  the  place  of  such 
resigning  trustee  thereupon  shall  become  and  be 
vacant. 

Whenever  all  the  bonds  which  shall  have  been 
made  and  issued  by  the  said  party  of  the  first 
part,  under  and  in  conformity  to  the  provisions 
of  this  indenture,  with  the  interest  thereon, 
together  with  all  the  expenses  incurred  by  the 
said  trustees  in  the  execution  of  the  trust  herein 
Trustees  to  re- and  hereby  created,  shall  have  been  fully  paid, 
mennVteof°aniiptahe  the  said  trustees  shall  reconvey  to  the  said  party 
of  the  first  part  all  and  singular  the  said  lands 
then  in  the  hands  of  the  said  trustees,  and  not 
before  that  time  sold  or  disposed  of,  in  the  execu- 
tion of  the  trust  hereby  created. 

In  case  the  said  trustees  shall  at  any  time  have 
any  trust  moneys  on  hand,  derived  from  the  sale 
of  the  lands  hereby  conveyed,  which  will  not  be 
required  to  meet  any  immediate  liabilities  of  the 
company,  to   which   said   moneys  are   by  these 
Trustees  to  de-  presents  devoted,  the  said  moneys  shall  be  depos- 
it money,    -^  Qn  interest  with  some  bank  or  trust  company 
in  the  city  of  New  York,  subject  to  be  drawn  by 
cheques  signed  by  the  trustees,  or  such   one   of 
Land  books  to  them  as  they  may  designate. 
Snd0ffiteesCo'     All  the  books  of  the  said  company  and  of  the 


91 

trustees,  relating  to  the  lands  hereby  conveyed, 
shall  be  mutually  open  to  the  inspection  of  said 
company  and  said  trustees. 

It  shall  be  the  duty  of  the  said  trustees  to  cer- 
tify as  aforesaid,  and  deliver  to  the  said  party  of 
the  first  part  the  said  bonds,  as  the  same  from  Trustee  to  de- 
time  to  time  shall  be  demanded,  not  exceeding  lver 
ten  thousand  dollars  of  such  bonds  for  each  mile 
of  the  track  of  said  railroad  actually  constructed, 
to  be  held,  issued,  or  used  by  the  said  party  of  the 
first  part. 

And  it  is  hereby  mutually  agreed,  by  and  be- 
tween the  parties  hereto,  that  the  said  parties  of 
the  second  part,  and  their  survivor  and  successors, 
and  their  heirs,  executors,  and  administrators, 
shall  not  be  answerable  for  the  acts,  omissions,  or  Trustees  not  iia- 
defaults  of  each  other,  nor  for  anything  short  of Sohothe?.'9  °f 
their  own  gross  negligence  or  wilful  misfeasance. 

It  is  hereby  declared  by  the  parties  to  this  in- 
denture, that  all  the  provisions  of  said   acts   ofActsofcon- 

P  .  i      .  *  tit  i  i       gress  made  part 

congress,  so  tar  as  they  are  applicable,  are  hereby  ot  indenture, 
made,  and  shall  be  deemed  and  taken  to  be,  a 
part  of  this  instrument,  and  the  said  provisions,  in 
all  that  concerns  the  sale  and  disposal  of  the  said 
lands  hereby  conveyed  to  the  parties  of  the  second 
part,  are  to  be  observed,  and  strictly  and  faithfully 
carried  out  and  fulfilled. 

And  the  said  party  of  the  first  part  covenants 
and  agrees  to  and  with  the  said  parties  of  the 
second  part,  that  the  said  party  of  the  first  part 
shall  and  will,  at  any  and  all  times  hereafter,  and 
from  time  to  time,  execute,  acknowledge,  and  de- 
liver, under  its  corporate  seal,  to  the  said  parties 
of  the  second  part,  and  their  survivor  or  succes- 
sors, all  such  other  or  further  assurances,  deeds, 
mortgages,  obligations,  transfers,  indentures,  and 
instruments  in  writing,  and  shall  and  will  do  and  Further  neces- 
perform  all  such  other  or  further  acts  or  things,  as  ments  to  be  ex- 

L,     ,,  ,  °,7    .    ecuted  by  corn- 

Shall  or  may  be  necessary  or  proper,  or  as  their  pany. 


92 


counsel  learned  in  the  law  shall  deem  necessary, 
proper,  or  expedient,  for  the  better  or  more  effect- 
ually securing  upon  the  above  conveyed  and 
mortgaged  premises  the  payment  of  the  said 
bonds  so  to  be  issued,  and  the  interest  due  and 
to  grow  due  thereon  in  manner  aforesaid,  or  for 
carrying  into  effect  the  true  intent,  design,  objects, 
and  purposes  of  these  presents. 

In  witness  whereof,  the  said  party  of  the  first 
part  has  caused  these  presents  to  be  sealed  with 
its  corporate  seal,  and  to  be  signed  by  its  president 
pro  tern,  and  treasurer,  and  the  said  parties  of  the 
second  part  have  set  hereto  their  hands  and  seals, 
the  day  and  year  first  above  written. 

Oliver  Ames, 
Preset  pro  tern., 
U.P.R.R.Co. 


U.S. 
Revenue  Stamps 

to  $ 
Cancelled. 


John  J.  Cisco, 

Treasurer  U.P.R.R.Co. 


Sealed,  signed,  and  de-  ) 
livered  in  presence  of ) 
By  O.  Ames  and  J.  Duff. 
Witness:  Chas.  Tracy, 

Chas.  Nettleton. 

Sealed,  signed,  and  de-  ) 
livered  in  presence  of } 
By  John  J.  Cisco  and 
Cyrus  H.  McCormick. 
Witness:  Charles  Nettleton, 
William  W.  Pearson. 


Cyrus  H.  McCormick.[l.s.] 


John  Duff.        [l.s.] 


93 


State  of  New  York,         ) 
City  and  County  of  New  York,  j 

Be  it  remembered,  that  on  this  sixteenth  day  of 
April,  a.  d.  1867,  before  me,  Charles  Nettleton,  a 
commissioner  of  the  state  of  Nebraska,  in  and  for 
the  state  of  New  York,  duly  appointed  and  com- 
missioned by  the  governor  of  said  state,  duly  sworn 
and  dwelling  in  said  city  of  New  York,  personally 
appeared  Oliver  Ames,  the  president  pro  tern,  of 
the  Union  Pacific  Railroad  Company,  and  John  J. 
Cisco,  the  treasurer  of  the  same  company,  to  me 
respectively  known,  who,  being  by  me  severally 
duly  sworn,  did  depose  and  say  that  he,  the  said 
Oliver  Ames,  resided  in  Easton,  in  the  state  of 
Massachusetts ;  and  that  he,  said  John  J.  Cisco, 
resided  in  the  city,  county,  and  state  of  New  York ; 
that  he,  said  Oliver  Ames,  was  the  president  pro 
tern.,  and  he,  said  John  J.  Cisco,  was  the  treasurer  of 
said  Union  Pacific  Railroad  Company ;  that  they 
each  knew  the  corporate  seal  of  said  company ; 
that  the  seal  affixed  to  the  foregoing  indenture 
was  such  corporate  seal ;  that  the  said  corporate 
seal  was  so  affixed  by  the  order  of  the  board  of 
directors  of  said  company,  and  with  the  assent 
and  authority  of  the  stockholders  thereof;  and 
that  the  said  Oliver  Ames,  as  such  president  pro 
tern,  as  aforesaid,  subscribed  the  said  indenture ; 
and  the  said  John  J.  Cisco,  as  such  treasurer  as 
aforesaid,  attested  the  same  by  subscribing  his 
name  thereto,  by  the  like  order  and  authority; 
and  they,  the  said  Oliver  Ames  and  John  J.  Cisco, 
acknowledged  to  me  that  they  executed  the  same 
indenture  in  manner  aforesaid,  as  the  act  and 
deed  of  the  said  Union  Pacific  Railroad  Company. 
And  also,  on  the  same  day  personally  appeared 
before  me  Cyrus  H.  McCormick  and  John  Duff, 
who  are  personally  known  to  me  to  be  the  same 
and  identical  persons  described  in  and  who  exe- 


94 


cuted  the  foregoing  indenture  as  trustees  therein 
named,  and  they  severally  acknowledged  to  me 
that  they  executed  the  same  as  their  free  and 
voluntary  act  and  deed,  for  the  uses  and  purposes 
therein  mentioned. 

In  witness  whereof,  I  have  hereunto  set 
my  hand  and  affixed  my  official  seal,  the 
day  and  year  above  written. 

Charles  Nettleton, 
Commissioner  for  Nebraska  in  New  York. 


[I.S.] 


Similar  certificates  follow  for  the  state  of  New 
York,  and  the  territories  of  Dakota,    Colorado, 


Utah,  and  state  of  Nevada. 


Copy  of  Record  of  Proceedings  of  Executive  Com- 
mittee authorizing  Income  Bonds  to  he  issued. 
Boston,  Sept.  23,  1869. 
Executive  committee  met  pursuant  to  adjourn- 
ment. 

Present — Messrs.  John  Duff,  C.  S.  Bushnell,  W. 
T.  Glidden,  and  Elisha  Atkins. 

Records  of  all  the  meetings,  from  September  8 
to  September  22,  inclusive,  were  read  and  ap- 
proved. 

On  motion  of  Mr.  Glidden,  it  was 
Resolved,  That  the  president,  or  vice-president, 
and  treasurer,  are  hereby  authorized  to  prepare 
and  issue  bonds  to  the  amount  of  ten  million  dol- 
lars, bearing  interest  at  the  rate  of  ten  per  cent, 
per  annum,  payable  at  the  option  of  the  company 
in  two  years  from  September  1,  1869,  or  within 
five  years  from  said  date,  giving  as  security  the 
obligation  of  the  company  to  trustees  for  the  pur- 
chasers to  appropriate  the  net  income  of  the  com- 
pany to  the  payment  of  interest  on  these  bonds, 


95 


after  paying  the  coupons  on  first  mortgage  and 
land  grant  bonds  of  the  company,  and  John  R. 
Duff,  Benjamin  E.  Bates,  and  Wm.  T.  Glidden  are 
hereby  designated  as  trustees  for  the  purchasers, 
as  before  named ;  and  all  resolutions  in  regard  to 
income  bonds  heretofore  passed  are  hereby  re- 
scinded. 

Yeas — Duff,  Bushnell,  Glidden,  and  Atkins. 


Indenture  under  which  the  Income  Bonds   were 
issued. 

This  indenture,  made  and  executed  at  the  city 
of  Boston,  on  the  first  day  of  September,  a.  d.  1869, 
by  and  between  the  Union  Pacific  Railroad  Com- 
pany of  the  first  part,  and  John  R.  Duff,  Benjamin  Trustees. 
E.  Bates,  and  P.  Gordon  Dexter,  all  of  the  city  of 
Boston,  trustees,  as  hereinafter  set  forth,  of  the 
second  part, —  Witnesseth : 

That  the  party  of  the  first  part  has  caused  to 
be  made  and  executed  its  bonds  of  one  thousand 
dollars  each,  bearing  even  date  herewith,  amount- Amount  and 

,1  .         .         ,  <iv  pin  denomination 

mg  in  the  aggregate  to  ten  millions  of  dollars,  of  bonds,  inter- 
payable  on  the  first  day  of  September,  1871,  ores' 
on  the  first  days  of  March  or  September,  in  either 
of  the  years  1872,  1873,  1874,  at  the  election  of 
said  company,  with  interest  thereon,  at  the  rate  of 
ten  per  cent,  per  annum,  payable  semi-annually, 
and    proposes  to  sell   said  bonds  to  parties  de- 
sirous of  purchasing  the  same;  and  said  party  of 
the  first  part,  for  the  purpose  of  securing  the  pay- 
ment of  the  interest  warrants  attached  to  said 
bonds,  according  to  the  tenor  thereof,  to  the  par- 
ties who  may  have  purchased  or  hold  said  bonds, 
has  agreed  to  devote  the  net  earnings  of  its  said  portion  of  net 
railroad,  after  deducting  therefrom  the  payments  voteTfo8™-" 
of  interest  that  shall  fall  due  upon  the  first  mort-  bonds,  S».° 


96 

gage  of  its  road,  and  also  upon  the  mortgage  of 
its  lands,  heretofore  made  and  already  issued  or 
to  be  issued  by  it,  to  the  payment  of  the  interest 
warrants  attached  to  the  bonds  thus  proposed  to 
be  sold. 

Now,  therefore,  the  said  party  of  the  first  part, 
in  consideration  of  the  premises,  does  hereby  cov- 
enant and  agree  to  and  with  the  said  parties  of 
the  second  part,  the  survivors  and  survivor  of 
them,  who  are  hereby  declared  to  be  trustees  for 
the  several  parties  who  may  purchase  and  hold 
company  to  said  bonds,  that  it  will,  semi-annually,  on  the  first 
annuaiUsPtatl-mi"  days  of  the  months  of  January  and  July  of  each 

ments  of  net  i  n   r         •   i      L  •  i     i  "L  r>  • 

earnings,  &c.  year,  make  up  and  turnisn  to  said  trustees  a  lair 
and  just  account  of  the  net  earnings  of  said  road 
for  the  six  months  next  preceding,  and  will  de- 
duct therefrom  the  interest  due  and  payable  from 
it,  upon  the  first  mortgage  of  its  road  heretofore 
issued,  and  upon  its  land  mortgage  bonds  hereto- 
fore issued  or  to  be  issued,  so  as  to  exhibit  the 
true  sum  applicable  to  the  payments  of  the  sev- 
eral interest  warrants  attached  to  said  bonds,  bear- 
ing date  September  1,  1869. 

And  farther,  will,  in  case  they  shall  fail  to  pay 
said  interest  warrants,  according  to  their  tenor  at 
company  when  the  time  the  same  fall  due,  pay  over  to  said  party 
pay  over  net  in- of  the  second  part  the  said  net  income  of  their 
tees.  road,  after  the  deductions  aforesaid,  or  such  part 

thereof  as  may  be  necessary  to  pay  said  interest 
warrants,  with  interest  thereon  from  their  matu- 
rity ;  and  a  reasonable  compensation  to  said  party 
of  the  second  part,  for  the  performance  of  their 
said  trust ;  which  sum  thus  paid,  except  their  com- 
pensation aforesaid,  is  to  be,  by  said  parties  of  the 
same  to  be  aP-  second  part,  held  and  applied  to  the  payment  of 
mentoiuTter-  said  interest  warrants  to  the  holders  thereof,  with 

est,  &c,  by  ' 

trustees.         interest. 

And  said  parties  of  the  first  part  do  further 
agree  to  hold  said  net  income  in  trtfst  for  the  par- 


97 

ties  of  the  second  part,  to  be  applied  to  the  pur-^pw^jf 
poses  aforesaid  in  case  of  its  failure  to  pay  its  tur«y  of  war- 
warrants  at  maturity. 

And  said  parties  of  the  second  part  do  hereby 
accept  said  trust,  and  covenant  and  agree  to  exe-  Trustees  not  to 
cute  the  same;  but  without  any  responsibility  ex- acts1  of  each 
cept  for  their  wilful  negligence  or  default  in  the  ° 
premises,  and  without  responsibility  for  the  acts  or 
omissions  of  each  other. 

In  testimony  whereof  the  said  corporation  has 
hereto  affixed  its  seal,  and  caused  the  same  to  be 
signed  by  its  president  and  treasurer,  thereto  duly 
authorized;  and  the  said  parties  of  the  second 
part  have  hereto  interchangeably  set  their  hands 
and  seals  the  day  and  year  first  above  written. 

JOHN  R  DUFF,  [seal.] 

BENJ.  E.  BATES,  [seal.] 

F.  GOKDON  DEXTER,  [seal.] 


(copy.) 
UNITED  STATES  OF  AMERICA. 

No. $1,000. 

UNION  PACIFIC  RAILROAD  COMPANY. 

50  cent  "Rnism  5  cent 

stamp.  iJKjriU.  stamp. 

The  Union  Pacific  Railroad  Company  acknowl- 
edges itself  to  owe  to  bearer  one  thousand  dollars,  Bond, 
which  sum  said  company  promises  to  pay  the 
holder  hereof,  at  its  office  in  the  city  of  Boston, 
on  the  first  day  of  September,  a.  d.  1871,  or  on  the 
first  days  of  March  or  September  in  either  of  the 
years  1872,  1873,  or  1874,  at  the  election  of  said 
company ;  and  also  interest  thereon  at  the  rate  of 
7 


98 


ten  per  cent,  per  annum  semi-annually,  on  the  first 
day  of  each  March  and  September  ensuing  the 
date  hereof,  until  said  principal  sum  shall  be  paid, 
on  the  presentation  of  the  annexed  interest  war- 
rants at  the  office  of  the  company  in  the  city  of 
Boston. 

In  testimony  whereof,  the  company  has  caused 
to  be  affixed  hereto  its  corporate  seal,  and  these 
presents  to  be  subscribed  by  its  president  and 
treasurer,  this  first  day  of  September,  a.  d.  1869. 

(Signed)    OLIVER  AMES,  President. 


Seal  of  Co. 


JOHN  M.  S.  WILLIAMS,  Treasurer. 


This  bond  is  one  of  a  series  of  bonds  of  one  thousand  dollars  each,  dated 
September  1st,  1869,  amounting  in  the  aggregate  to  ten  millions  of  dollars,  and 
payment  of  the  interest  warrants  attached  thereto  is  secured  by  an  indenture 
of  covenant  between  said  corporation  and  John  R.  Duff,  Benjamin  E.  Bates, 
and  F.  Gordon  Dexter,  trustees  for  the  holders  of  said  bonds,  whereby  said 
company  agrees  to  apply  the  net  income  of  the  road,  after  deducting  therefrom 
the  payments  of  interest  that  shall  fall  due  upon  the  first  mortgage  of  its  said 
road,  and  also  upon  the  mortgage  of  its  lands  heretofore  made,  and  to  the  pay- 
ments of  said  interest  warrants. 


Copy  of  one  of  ten  coupons  attached : 


JOHN  R.  DUFF, ) 

B.  E.  BATES,        S  Trustees. 

F.  G.  DEXTER,    j 


$50. 


Warrant  of  fifty  dollars,  half 
yearly  interest,  on  bond  of  the 
Union  Pa  _j  •~\  cific  Railroad 
Company,  |  /  |No.  ,  dated 
September  I  \Jl,  1869,payable 
September  l,1874,uponthe 

surrender  of  this  warrant,  unless 
saidbondshallhave  beenprevious- 
ly  paid.  J.  M.  S.Williams,  Treas. 


99 


BRIDGE  MORTGAGE, 


This  indenture,  made  this  first  day  of  April,  1871, 
by  and  between  the  Union  Pacific  Railroad 
Company  (hereinafter  called  "the  company")  of 
the  one  part,  and  John  Edgar  Thomson  of 
Philadelphia,  John  Pierpont  Morgan  of  New 
York,  and  Elisha  Atkins  of  Boston,  of  the  other 
part. 

WHEREAS,  by  an  act  of  congress  of  the  United  RVfiStbylct 
States,  approved  22d  February,  1871,  the  company  g7Jebru"y  22' 
is  authorized  to  construct  a  bridge  and  railroad 
line  across  the  River  Missouri,  between  Omaha  in 
the  state  of  Nebraska,  and  Council  Bluffs  in  the 
state  of  Iowa,  and  to  issue  such  bonds,  not  exceed- 
ing two  millions  and  a  half  of  dollars,  as  it  might 
deem  needful  for  that  purpose,  and  to  secure  the 
same  by  mortgage  on  the  bridge  and  its  ap- 
proaches and  appurtenances : 

And  whereas  the  company,  for  the  purpose  of 
purchasing  and  acquiring  the  lands  and  materials 
necessary  for  the  construction  of  the  said  bridge  and 
its  approaches,  and  connecting  lines,  and  for  con- 
structing the  same,  has  determined  to  obtain  a  loan 
of  money  by  the  issue  of  special  bridge  bonds  for 
the  total  sum  of  two  millions  and  a  half  of  dollars  Amount,  de- 
United  States  gold  com,  or  five  hundred  thousand  a»d  character 

t      -r»    •   •  i  , .       ?  .  ,  ,  of  bonds,  &c. 

pounds  British  sterling  money,  in  two  thousand 
five  hundred  bonds,  numbered  1  to  2,500  inclu- 
sive, for  the  sum  of  one  thousand  dollars  United 
States  gold  coin,  or  two  hundred  pounds  British 
sterling  money  each,  the  principal  of  which  is  pay- 
able on  the  first  day  of  April,  1896,  unless  sooner 
redeemed  under  the  sinking  fund  clause  herein- 
after contained,  payable  at  the  option  of  the  holder 
at  the  office  of  Messrs.  Dabney,  Morgan  &  Co.,  or 


100 

their  satisfactory  successors,  of  New  York,  or  at  the 
London  and  San  Francisco  bank  (limited),  London, 
with  interest  in  the  mean  time  from  the  first  day 
of  April,  1871,  on  the  said  principal  sum,  at  the 
rate  of  eight  per  cent,  per  annum,  payable  by 
half-yearly  instalments  of  forty  dollars  United 
States  gold  coin,  or  of  eight  pounds  five  shillings 
and  nine  pence  British  sterling  money,  each,  on 
the  first  day  of  October  and  the  first  day  of  April 
in  each  year,  free  of  all  taxes  on  said  bonds  in  the 
United  States,  the  said  interest  to  be  payable  at 
the  option  of  the  holder,  in  United  States  gold 
coin,  at  the  office  of  Messrs.  Dabney,  Morgan  & 
Co.,  or  their  satisfactory  successors,  New  York,  or 
in  British  sterling  money,  at  the  office  of  the  said 
London  and  San  Francisco  bank  (limited),  in  Lon- 
don, upon  presentation  of  the  coupons  attached  to 
the  bonds,  with  provisions  for  the  principal  of  the 
said  bonds  becoming  due  immediately  upon  default 
of  paying  the  interest  thereon,  or  upon  default  in 
the  provision  of  the  fund  for  payment  of  interest 
and  sinking  fund  as  hereinafter  provided  : 

And  whereas  it  has  been  agreed,  upon  the  issue 
of  the  said  bonds,  that  the  payment  of  the  princi- 
pal, and  interest  thereof,  shall  be  secured  in  manner 
hereinafter  expressed,  and  that  the  covenants  and 
mortgage  hereinafter  contained  should  for  that 
Trustees  named,  purpose  be  made  to  the  said  John  Edgar  Thomson, 
John  Pierpont  Morgan,  and  Elisha  Atkins  (herein- 
after called  "the trustees"),  for  the  benefit  of  and 
in  trust  for  the  various  persons  who  have  consent- 
ed, or  shall  hereafter  consent,  to  purchase  and  take 
the  said  bonds,  and  all  other  the  persons  who  shall 
at  any  time  hereafter  be  or  become  holders  of  the 
said  bonds ;  and  also,  so  far  as  necessary,  for  the 
benefit  of  and  in  trust  for  any  persons  or  corpo- 
ration who  shall  become  purchasers  of  the  said 
bridge,  under  the  powers  hereinafter  contained : 

And  whereas  the  said  bonds  are  identified  as 


101 

being  entitled  to  the  benefit  of  the  security  here- 
by given  by  a  certificate  upon  each  of  them,  signed 
by  the  trustees  : 

NOW  THIS  INDENTURE  WITNESSETH, 
that  the  company  doth  hereby  covenant  and  agree 
with  and  to  the  trustees  in  manner  following ; 
that  is  to  say : 

Art.  1.  The  survivor  or  survivors  of  the  trus- 
tees, or  other  persons  or  person  who  shall,  under 
the  powers  hereinafter  contained,  be  for  the  time 
being  the  trustees  or  trustee  of  these  presents 
(all  which  persons  collectively  are  hereinafter 
called  "the  trustees")  for  the  time  being,  if  the ca™stofoSauit 
said  company  should  at  any  time  fail  to  provide  J^eSght "to 
the  said  trustees  with  all  the  moneys  required  to  flx  tolls' &c- 
meet  matured  interest,  sinking  fund  payments, 
and  all  other  obligations  arising  under  the  terms 
and  conditions  of  this  indenture,  shall,  so  long  as 
any  of  the  said  bonds  shall  be  outstanding  or  un- 
paid, have  the  right  to  fix  the  tolls  to  be  levied 
upon  all  property  and  passengers  to  be  transported 
over,  or  which  shall  use  or  have  the  benefit  of  the 
said  bridge,  or  the  depots  connected  therewith  at 
Council  Bluffs  or  Omaha,  or  the  lines  of  tracks 
required  to  connect  the  said  bridge  with  the  rail- 
waj^s  having  their  terminus  at  Omaha  and  Coun- 
cil Bluffs ;  and  the  rates  so  fixed  may  be  changed 
from  time  to  time  by  the  trustees  for  the  time 
being,  so  as  to  produce  from  time  to  time  a  suf- 
ficient revenue  to  maintain  the  said  bridge  and 
lines  in  good  order  and  repair,  and  to  pay  the 
interest  on  the  said  bonds,  and  to  provide  in  each 
year  a  sinking  fund,  to  consist  of  the  fixed  sum 
of  forty-two  thousand  dollars  United  States  gold 
coin,  and  of  a  sum  equal  to  the  interest  upon  all 
bonds  previously  purchased  or  redeemed  by  the 
operation  of  the  sinking  fund  in  previous  years ; 
which  sinking  fund  in  each  year  is  to  be  applied 
for  the  purchase  or  redemption  of  so  many  of  the 


102 

v 

said  bonds  as  it  will  purchase  under  the  provi- 
sions hereinafter  contained,  provided  the  holders 
elect  to  sell  the  same. 

Art.  2.  The  said  tolls  shall  be  levied  and  col- 
lected by  the  company  upon  all  property  and 
passengers  transported  over  or  using  the  said 
Snen^pon  kri(%e>  depots,  or  lines,  and  shall  constitute  a  first 
vTo^rtfXc.  transportation  lien  upon  all  such  property,  and 
shall  be  first  deducted  and  retained  from  the 
gross  sums  received  from  transportation  of  such 
property  and  passengers,  and  shall  be  especially 
set  apart,  and  the  amount  thereof  received,  de- 
ducted, and  retained  in  each  calendar  month; 
and  shall,  within  fourteen  days  after  the  end  of 
each  calendar  month,  be  paid  to  the  credit  of  the 
trustees  for  the  time  being,  at  such  banking  house 
at  New  York  as  they  shall  from  time  to  time 
designate ;  and  said  money  shall  be  kept  1by  said 
trustees  at  current  deposit  interest,  for  the  benefit 
of  the  company ;  and  out  of  the  moneys  so  raised 
and  paid,  and  the  interest  that  may  accrue  there- 
on, the  trustees  for  the  time  being  shall  in  each 
year  deduct  and  retain  such  sums  as  shall  be 
Money  received  necessary  to  pay  and  provide  the  interest  for  the 

from  tolls,  &c,  J  r    J  .      r       .  ,  _■  .  - 

to  be  applied,  current  year  on  the  said  bonds,  and  the  said 
further  sum  of  forty-two  thousand  dollars  gold 
coin,  and  a  sum  equal  to  the  interest  upon  the 
bonds,  previously  redeemed  or  purchased  under 
the  provisions  hereinafter  contained ;  and  the 
two  last  mentioned  items  shall  constitute  the  said 
sinking  fund,  which  is  to  be  applied  in  each  year 
by  annual  drawing  for  the  purchase  and  redemp- 
tion of  the  said  bonds  thus  drawn,  with  a  premium 
of  ten  per  cent,  thereon,  if  the  holders  thereof 
elect  to  sell  the  same  in  the  manner  hereinafter 
provided ;  and  out  of  the  said  moneys  so  received 
by  them,  the  trustees  for  the  time  being  shall  pay 
the  interest  on  the  unredeemed  bonds  and  the 
principal  and  premium  of  the  bonds  thus  to  be 


103 

redeemed  or  purchased,  if  any,  and  the  remainder 
(if  any)  of  the  tolls  received  by  the  said  trustees 
in  each  year  shall  be  repaid  by  them  to  the  com- 
pany. 

Art.  3.  The  bonds  to  be  redeemed  in  each  year 
shall  be  drawn  by  lot  by  the  trustees  for  the  time  Jrastees^  re- 
being,  or  some  or  one  of  them,  or  by  some  person  iot,&c. 
duly  authorized  by  them,  in  the  month  of  Novem- 
ber in  each  year,  beginning  in  the  month  of  No- 
vember, 1871,  at  the  office  of  Dabney,  Morgan  & 
Co.,  or  their  satisfactory  successors,  New  York,  in 
the  presence  of  one  of  the  members  of  that  firm 
and  of  a  Notary  Public,  and  notice  of  the  num- 
bers so  drawn  shall  be  posted  by  the  trustees  for 
the  time  being  at  the  offices  where  coupons  are 
paid  in  New  York  and  London,  and  shall  be  also 
advertised  by  them  in  one  or  more  newspapers 
in  each  of  the  cities  of  London  and  New  York, 
on  or  before  the  first  day  of  February  after  the 
drawing :  and  on  the  first  day  of  April  following 
the  drawing,  the  bonds  so  drawn  shall  be  paid  by 
the  trustees  for  the  time  being  to  such  of  the 
holders  thereof  as  may  have  in  writing  notified 
the  trustees,  on  or  before  that  day,  of  their  elec- 
tion to  have  their  said  bonds  so  redeemed  or  paid, 
together  with  a  premium  of  ten  per  cent,  on  the 
nominal  value  thereof;  that  is  to  say,  at  the  rate„  A  u 

7  •''         .   .  Payments  to  be 

ol  two  hundred  and  twenty  pounds  British  ster-  made,  when 
.  _  i  1-iTTi  aud  fow- 

ling money,  or  one  thousand  one  hundred  dol- 
lars United  States  gold  coin,  for  each  bond :  such 
payment  to  be  made  at  the  option  of  the  holders 
of  the  bonds,  at  the  offices  of  the  London  and 
San  Francisco  Bank  (limited)  in  London,  or 
Messrs.  Dabney,  Morgan  &  Co.,  or  their  satisfac- 
tory successors,  of  New  York,  on  delivery  up  of 
the  bond  with  the  unmatured  coupons ;  and  in 
case  any  of  the  holders  of  the  bonds  thus  drawn 
shall  fail  to  notify  the  trustees  in  writing  as  afore- 
said  of  their  election  to  have  their  said  bonds 


104 


trustees,  &c. 


thus  paid  and  redeemed  with  the  premium  afore- 
said, then  and  forever  thereafter  such  bonds  shall 
cease  to  be  entitled  to  be  purchased  and  redeem- 
ed by  means  of  said  sinking  fund  as  aforesaid, 
and  said  sinking  fund  shall  be  proportionately 
if  toils  not  suf-  reduced.     In  case  the  tolls  paid  over  by  the  com- 

licient,  compa-  1  J 

»V?  make  up  pany  to  the  trustees  for  the  time  being;  shall  not 

deficiency.  |  m    •  i  •  i 

be  sufficient  to  enable  the  said  trustees  to  make 
the  payments  which  they  are  hereinbefore  au- 
thorized to  make,  the  company  will  from  time  to 
time  pay  to  the  trustees  for  the  time  being  such 
sums  of  money  as  shall  be  required  to  make  up 
the  deficiency,  as  and  when  required  to  make  the 
payments. 

Art.  4.  All  moneys  to  be  raised  by  the  issue  of 
ah  money      the  said  bonds  shall  in  the  first  instance  be  receiv- 

raised  by  bonds  ,  . 

1  to  ed  by  the  trustees,  who  shall  retain  m  their  hands, 
from  time  to  time,  such  amount  as  shall,  in  their 
judgment,  be  sufficient  to  secure  the  entire  con- 
struction and  completion  of  the  said  bridge,  and 
of  the  connecting  lines  and  approaches  thereof, 
and  the  payment  and  provision  of  the  interest 
and  sinking  fund  upon  the  said  bonds  during  such 
construction. 

Art.  5.  For  the  better  securing  the  payment  of 
the  principal  and  interest  of  the  said  bonds,  and 
in  consideration  of  the  premises  and  of  one  dol- 
lar lawful  money  of  the  United  States  to  the 
company  in  hand  paid  by  the  trustees,  the  receipt 
whereof  is  hereby  acknowledged,  the  company 
hath  granted,  bargained,  sold,  assigned,  transfer- 
red, set  over,  enfeoffed,  conveyed,  and  confirmed, 
and  by  these  presents  doth  grant,  bargain,  sell, 
assign,  transfer,  set  over,  enfeoff,  convey,  and  con- 
firm, unto  the  said  John  Edgar  Thomson,  John 
Pierpont  Morgan,  and  Elisha  Atkins,  trustees  as 
aforesaid,  and  to  their  heirs  and  successors,  and 
the  survivors  and  survivor  of  them,  and  the  heirs 
of  such  survivor,  all  and  singular,  the  said  bridge 


Bridge,  &c. 
conveyed  to 
trustees,  &c. 


105 

over  the  River  Missouri,  between  Omaha  and 
Council  Bluffs,  and  the  approaches  thereof,  and 
the  appurtenances  belonging  thereto,  including 
all  parts  and  portions  of  the  said  bridge  now  con- 
structed or  hereafter  to  be  constructed,  and  the 
depots  at  Council  Bluffs  and  Omaha  aforesaid, 
and  the  lines  and  tracks  required  to  perfect  the 
said  bridge,  its  approaches  and  appurtenances, 
and  to  connect  the  same  with  the  neighboring 
lines,  including  in  this  conveyance  as  well  the 
lines  and  tracks  now  constructed  as  those  which 
may  hereafter  be  constructed,  and  also  all  estates, 
terms,  and  rights  of  way  for  the  said  bridge,  ap- 
proaches, and  appurtenances,  as  well  now  held  by 
the  company,  as  to  be  hereafter  acquired  by  it, 
and  all  the  rights  and  privileges  of  the  company 
of,  in,  or  to  the  said  bridge,  approaches,  or  appur- 
tenances, or  touching,  concerning,  or  appertaining 
to  the  maintenance,  use,  and  occupation  thereof. 
To  have  and  to  hold  all  the  said  premises  unto 
the  said  John  Edgar  Thomson,  John  Pierpont 
Morgan,  and  Elisha  Atkins,  as  such  trustees  as 
aforesaid,  and  to  their  heirs  and  successors,  and 
the  survivor  and  survivors  of  them,  and  to  the 
heirs  of  such  survivor:  Upon  trust,  to  hold  the 
same  to  and  for  the  uses  and  purposes,  and  upon 
and  with  the  conditions  and  powers  in  and  by 
these  presents  expressed  and  declared. 

Art.  6.  So  long  as  the  security  hereby  created 
shall  subsist,  the  company  will  insure  the  depots  company  tom- 
and  buildings  connected  with  the  said  bridge  to  bunding?  &c. 
the  full  value  thereof,  with  some  insurance  office 
or  offices,  to  be  approved  by  the  trustees  for  the 
time  being,  against  loss  or  damage  by  fire,  and  will 
deposit  with  such  trustees  the  policies  of  insurance, 
and  produce  to  them  the  receipts  for  payment  of 
premiums,  so  soon  as  they  shall  become  due :  in 
default  whereof  the  trustees  for  the  time  being 
may  insure  the  said  depots  and  buildings,  and  the 


106 

company  will  forthwith  repay  them  the  cost  there- 
of, or  the  said  trustees  may  retain  the  same  out  of 
any  moneys  which  shall  come  to  their  hands  by 
virtue  of  these  presents. 
on  default  of  Art.  7.  If  the  company  shall  fail  to  levy  and 
tees  to  receive  collect  the  tolls,  to  be  fixed  as  aforesaid  upon  the 

tolls  directly.  ,  -.  -  r       i 

property  and  passengers  transported  over,  or  hav- 
ing the  benefit  or  use  of  the  said  bridge,  depots, 
or  lines,  or  to  deposit  and  apply  the  said  tolls  in 
manner  hereinbefore  provided ;  or  if  the  tolls  col- 
lected and  paid  over  by  the  company  shall  prove 
insufficient  to  meet  the  payments  aforesaid,  to  be 
made  thereout  by  the  trustees  for  the  time  being, 
for  interest  and  redemption  of  the  bonds  at  the 
time  and  manner  hereinbefore  provided,  and  the 
company  shall  fail  in  due  time  to  pay  the  deficiency 
to  such  trustees,  or  if  the  company  shall  fail  to 
keep  any  other  of  its  covenants  herein  contained, 
then  and  in  such  case  it  shall  be  lawful  for  the 
trustees  for  the  time  being,  and  it  is  hereby  made 
their  duty,  to  enter  into  the  direct  possession  and 
receipt  of  the  said  tolls,  and  for  that  purpose  to 
appoint  suitable  agencies  for  collection  of  the  said 
tolls  independently  of  the  company,  and  thereout 
to  defray  the  expenses  attending  the  maintenance, 
working,  and  managing  of  the  said  bridge  and 
lines ;  and  out  of  the  surplus,  so  far  as  it  will  ex- 
tend, to  pay  the  interest  and  provide  the  sinking 
fund  upon  the  said  bonds,  and  generally  to  apply 
such  surplus  in  the  same  manner  as  is  hereby  pro- 
vided in  the  case  of  the  tolls  having  been  levied 
by  the  company  and  paid  over  to  the  trustees  for 
the  time  being, 
continued  de-  Art.  8.  If  any  such  default  shall  be  committed 
mayseffSwt.  by  the  company,  as  in  the  preceding  article  men- 
gagedproperty-tioned,  the  trustees  for  the  time  being  shall  be 
authorized,  and  are  hereby  required,  upon  the  re- 
quest of  the  holders  of  one  tenth  of  such  part  of  the 
said  bonds  as  shall  then  be  unpaid,  with  or  with- 


107 

out  entry  as  they  may  deem  best,  to  cause  the  said 
bridge  and  lines,  and  all  other  the  property,  mat- 
ters, and  things  hereinbefore  expressed,  to  be  con- 
veyed, to  be  sold  by  public  auction  in  the  city  of 
New  York,  giving  ninety  days'  notice  of  the  time, 
place,  and  terms  of  sale,  once  in  each  week,  in  one 
or  more  papers  published  in  London  or  New  York, 
and  upon  such  sale  to  execute  to  the  purchaser  or 
purchasers  deeds,  releases,  transfers,  and  convey- 
ances of  the  property,  estates,  rights,  and  securi- 
ties thus  sold,  and  to  apply  the  proceeds  of  such 
sale,  together  with  all  moneys  in  their  hands 
which  shall  be  received  under  or  by  virtue  of  these 
presents,  after  deducting  all  expenses  incurred  in 
the  execution  of  the  trusts  or  powers  hereby  cre- 
ated,pro  rata  in  payment  of  the  principal  and  in- 
terest of  the  said  bonds  then  unpaid,  whether  the 
same  shall  have  become  due  or  not,  and  shall  pay 
over  the  surplus  (if  any)  to  the  company. 

Art.  9.  No  purchaser  on  any  such  sale  shall  be  Purchaser  not 

,  ,  .  \  1.1  l  ,-  required  to  in- 

DOUnd  to  inquire  whether  such  notices  as  are  men-  quire  as  to  no- 

tioned  in  the  preceding  article  have  been  given,  x 
or  be  affected  by  any  notice  that  they  have  not 
been  given ;  but  the  conveyance  by  the  trustees  to 
the  purchaser  shall,  notwithstanding  the  want  of 
such  notices,  be  an  effectual  discharge  to  the  pur- 
chaser (who  shall  not  be  bound  to  see  to  the  ap- 
plication of  the  purchase-moneys)  and  an  effectual 
conveyance  to  him. 

Art.  10.  If  such  sale  shall  be  made  as  is  pro-incaseofsaie, 
vided  in  Art.  8,  the  company  shall  thereafter,  in  S  bridge,  &c. 
perpetuity,  be  bound  to  pass  over  the  said  bridge 
and  lines,  and  no  part  thereof  over  any  bridge  or 
ferry  across  the  Missouri  now  or  hereafter  exist- 
ing, within  twenty  miles  in  a  straight  line  above 
or  below  the  said  bridge  hereinbefore  mentioned, 
all  the  passengers  and  freight  of  the  company 
passing  across  the  Missouri,  and  will  pay,  as  a  first 
transportation  lien  upon  such  traffic,  such  tolls  as 


108 

shall  from  time  to  time  be  lawfully  charged  by  the 

purchasers  of  the  said  bridge  and  lines  in  respect 

of  goods  and  passengers  passing  over  or  using  the 

same. 

Jfifwfnot^uf-     ^RT*  I*-   Notwithstanding  any  such  sale,  the 

bonds  c0onTya-  comPan3r  sna^  remain  bound  to  pay  to  all  the 

ny  to  pay  bai-  bondholders  so  much  of  the  principal  and  interest 

of  their  bonds,  if  any,  as  shall  not  have  been  paid 

out  of  the  proceeds  of  such  sale. 

Art.  12.  Upon  payment  by  the  company,  with- 
out any  such  sale  as  is  mentioned  in  Art.  8,  of  the 
principal  and  interest  of  the  said  bonds,  at  the 
times  and  in  the  manner  aforesaid,  the  transfer, 
conveyance,  and  assignment  hereby  made  of  the 
said  bridge,  with  its  appurtenances,  and  other  the 
premises  hereinbefore  expressed,  to  be  conveyed, 
shall  be  void ;  and  all  the  estate,  right,  and  prop- 
payment  by     erty  hereby  conveyed  to  the  trustees  shall  revert 

company  of  all    .  -.  .     •  ■•  .1 

bonds,  &c,  to  to  and  revest  in  the  company,  without  any  ac- 
re-vest right  to  ,  ,    ,  D         .  p     7' 
bridge,  &c.      knowledgment  of   satisfaction,  or   reconveyance, 

re-entry,  or  any  act  whatsoever. 

Art.  13.  If  any  of  the  trustees  for  the  time  being 
shall  die  or  resign,  the  vacancy  shall  be  filled  by 
a  successor  from  among  the  persons  holding  bonds 
of  the  said  issue  to  an  amount  not  less  than  five 
thousand  dollars,  such  appointment  to  be  made  in 
vacancy  in  writing  by  the  remaining  trustee  or  trustees  for 
beumShowt0^ie  time  being,  and  the  board  of  directors  of  the 
company,  or  in  case  the  said  board  of  directors 
shall  fail,  after  notice  in  writing  from  said  trus- 
tees, to  make  such  joint  appointment  within  three 
calendar  months  after  the  vacancy  shall  occur,  the 
appointment  shall  be  made  by  any  court  of  equity 
having  jurisdiction  in  the  premises ;  and  upon  any 
such  appointment  all  necessary  conveyances  and 
assurances  shall  be  made  to  vest  in  the  new  trus- 
tees, jointly  with  the  remaining  trustees,  the  prop- 
erty hereby  mortgaged,  and  all  the  rights  and 
powers  hereby  created. 


109 

Art.  14.  Notwithstanding  any  such  vacancy, 
the  remaining  trustee  or  trustees  may  discharge  ^S^s toWe 
all  the  duties  and  powers  hereby  given  to  the ful1  powers,  &c. 
trustees  for  the  time  being  as  effectually  as  if  the 
full  number  of  trustees  had  been  filled  up ;  and  all 
the  covenants  herein  contained  are  to  be  deemed 
and  made  with  the  trustees  hereby  appointed,  or 
the  survivor  or  survivors  of  them,  and  their  suc- 
cessors in  the  said  trust. 

Art.  15.  The  said  trustees  hereby  appointed 
severally  accept  the  said  trust,  but  they  are  not,  Trustees  not «- 

xi        a         ±  x>        x!        i-  t      •  x      i  7  able  for  acts  of 

nor  are  the  trustees  for  the  time  being,  to  be  an- each  other, 
swerable,  except  for  wilful  default  or  gross  negli- 
gence in  the  execution  of  the  said  trust,  and  neither 
of  the  trustees  for  the  time  being  is  to  be  answer- 
able for  the  doings  and  omissions  of  any  other  of 
such  trustees,  unless  consented  to  by  him. 

Art.  16.  The  company  will  pay  to  the  trustees 
for  the  time  being  a  reasonable  compensation  for of0SEsea"on 
the  discharge  of  their  duties,  and  also  all  or  any 
expenditure  or  costs  incurred  therein,  or  the  trus- 
tees for  the  time  being  may  retain  the  same  out 
of  any  moneys  which  shall  come  to  their  hands 
by  virtue  of  these  presents. 

In  Witness  whereof  the  company  hath  affixed  its 
common  seal  to  these  presents,  and  caused  the 
same  to  be  signed  by  its  president  and  secretary,  in 
pursuance  of  a  resolution  of  its  board  of  di- 
rectors, and  the  other  parties  have  hereunto 
set  their  hands  and  seals  the  day  and  year  first 
above  written. 


Seal  of 

Union  Pacific 

R.  R.  Co. 


Executed  in  the  presence  )  UNI<™  PACIFIC  E'  R   C0- 

!)  E.  H.  EOLLIKS,  Secretary. 


110 

Witness  to  signature  of^ 
E.  H.  Rollins,  Sec'y,  > 
H.  B.  Wilbur.  > 

Wk2TJC.  I™1^  J  J-  EDG AE  THOMSON, 

WM°1!  ThacyM0RGAN'    J- PIERPONT  MORGAN, 

WH?b!  Wilb0rKINS'         ELISHA  ATKINS, 


Trustees. 


SUPPLEMENTARY  BRIDGE 
MORTGAGE. 


This  agreement,  made  the  twenty-seventh  day 
of  September,  1871,  by  and  between  the  Union 
Pacific  Railroad  Company  (hereinafter  called  "the 
company"),  of  the  one  part,  and  John  Edgar 
Thomson  of  Philadelphia,  John  Pierpont  Mor- 
gan of  New  York,  and  Elisha  Atkins  of  Boston 
(hereinafter  called"  the  trustees"),  trustees  under 
a  certain  indenture  of  conveyance  and  mortgage 
executed  by  and  between  said  company,  and 
said  Thomson,  Morgan,  and  Atkins,  as  trustees, 
bearing  date  the  first  day  of  April,  1871,  where- 
by said  company  hath  mortgaged  its  certain 
bridge  and  approaches  and  appurtenances  over 
the  River  Missouri  to  secure  the  payment  of  its 
certain  bonds  and  obligations  therein  mentioned, 
of  the  other  part,  witnesseth : 

That  the  said  company  and  the  said  trustees, 
for  and  in  consideration  of  one  dollar  to  each  of 
them  by  the  other  in  hand  paid,  do  hereby  mutu- 
ally covenant,  grant,  promise,  and  agree,  to  and 
with  each  other,  that  the  notice  required  to  be 
given  by  the  holders  of  the  bonds  drawn,  in  ac- 
cordance with  the  terms  and  provisions  of  article 


Ill 


three  of  said  indenture,  of  their  election  to  have 
their  bonds  redeemed  and  paid,  may,  with  the 
consent  of  the  bondholders  given  as  hereinafter 
provided,  be  given  to  and  accepted  by  the  said 
trustees  at  any  time  before  the  drawing  thereof, 
and  that  such  notice  may  be  given  and  accepted 
in  the  manner  hereinafter  provided. 

That  the  interest  on  the  bonds,  drawn  in  accord- 
ance with  the  terms  and  provisions  of  article 
three  of  said  indenture,  and  as  to  which  notice 
shall  have  been  given  as  above  provided,  shall 
cease  after  the  first  day  of  April  following  the 
day  on  which  they  are  drawn. 

That  all  the  bonds  secured  by  said  indenture 
shall  bear  interest  at  the  rate  of  two  fifths  of  one 
per  cent,  per  annum,  in  addition  to  the  annual 
eight  per  cent,  interest  provided  for  in  the  said 
indenture,  which  said  interest  of  two  fifths  of 
one  per  cent,  shall  be  paid  in  a  gross  sum  of  ten 
per  cent,  upon  the  nominal  amount  of  the  bond 
at  the  time  when  the  principal  of  the  bond  be- 
comes payable  under  the  terms  or  conditions  of 
said  indenture,  excepting  always  that  those,  bonds 
which  are  drawn  and  redeemed  at  ten  per  cent, 
premium  before  maturity  by  the  sinking  fund 
shall  not  carry  the  said  interest  of  two  fifths  of 
one  per  cent.;  and  the  trustees  are  hereby  au- 
thorized and  empowered  to  retain  and  deduct, 
and  to  pay  and  discharge,  such  instalment  of 
interest  out  of  any  funds  or  moneys  of  the  com- 
pany in  their  hands. 

That  the  London  and  San  Francisco  Bank 
(limited),  of  London,  is  hereby  authorized  on 
the  written  authority  of  any  bondholder  under 
seal,  to  be  filed  with  the  trustees  or  either  of 
them,  to  endorse  or  to  cause  to  be  endorsed,  by 
printing  or  otherwise,  upon  his  bond  that  notice 
has  been  given  to  and  accepted  by  the  trustees 
that  the  holder  of  such  bond  elects  to  have  the 


112 

same  redeemed  by  the  sinking  fund  when  drawn ; 
that  such  bond,  if  drawn  for  the  sinking  fund, 
ceases  to  draw  interest  from  April  first  next  fol- 
lowing ;  and  that  the  last  holder  thereof  will  be 
entitled  to  a  final  instalment  of  interest  on  such 
bond  at  the  rate  of  ten  per  cent,  on  the  nominal 
amount  thereof  upon  the  principal  becoming  due 
under  the  terms  or  conditions  of  the  mortgage, 
unless  the  same  be  redeemed  before  maturity  by 
the  sinking  fund. 

In  witness  whereof  the  said  company  hath 
caused  these  presents  to  be  signed,  sealed,  and 
delivered  the  day  and  year  first  above  written. 


Seal  of  Union  Pacific 
Railroad  Co. 


t Sealed  and  delivered  in~| 
the  presence  of 

Thomas  A.  Scott, 
President  Union  Pacific  Railroad  Co. 
Chas.  Edward  Tracy, 
witness  as  to  signature  Union  Pacific  Railroad  Company 

of  Rollins.  by  E.  H.  Rollins,  Secretary. 

John  A.  Hillery, 
as  to  Thos.  A.  Scott. 


SINKING  FUND  INDENTURE. 


This  Indenture,  made  the  eighteenth  day  of 
December,  one  thousand  eight  hundred  and  sev- 
enty-three, between  The  Union  Pacific  Railroad 
Company,  party  of  the  first  part,  and  the  Union 
Trust  Company,  of  New  York,  party  of  the  second 
part,  witnesseth : 

Whereas,  the  party  of  the  first  part  is  the  own- 
er of  a  railroad  extending  from  the  city  of  Oma- 
ha, in  the  state  of  Nebraska,  to  a  point  about 


113 

five  miles  west  of  the  city  of  Ogden,  in  the  terri- 
tory of  Utah,  being  the  western  terminus  thereof, 
as  fixed  by  an  act  of  congress  entitled  "An  act 
to  fix  the  point  of  junction  of  the  Union  Pacific 
Railroad  Company,"  and  the  Central  Eailroad 
Company,  approved  July  3,  1869 ;  which  said 
road  is  subject  to  a  certain  mortgage  made  by  Refers  to >Previ- 
said  company  to  Edwin  D.  Morgan  of  the  city  of  mortgages  up- 
New  York,  and  Oakes  Ames,  late  of  Easton,  in 
the  state  of  Massachusetts,  trustees,  bearing  date 
the  1st  day  of  November,  1865,  and  given  to 
secure  the  bonds  of  said  company  to  the  amount 
of  twenty-seven  million  two  hundred  and  thirty- 
seven  thousand  dollars,  pursuant  to  an  act  of 
congress  authorizing  the  same.  And  said  road  is 
still  farther  subject  to  a  lien  or  mortgage  to  the 
United  States  of  America  to  secure  the  payment 
of  bonds  issued  to  said  corporation  by  the  United 
States  of  America,  for  the  sum  of  twenty-seven 
million  two  hundred  and  thirty-six  thousand  five 
hundred  and  twelve  dollars,  pursuant  to  the  acts 
of  congress  chartering  said  corporation : 

And   whereas,   said   party  of  the  first  part  is 
also  the  owner  of  the  lands  granted  by  the  con- 
gress of  the  United  States  to  said  party  of  the 
first  part  by  two  several  acts  thereof,  to  wit,  an 
act  entitled  "An  act  to  aid  in  the  construction  of 
a  railroad  and  telegraph  line  from  the  Missouri 
river  to  the  Pacific  ocean,  and  to  secure  to  the 
government  the  use  of  the  same  for  postal,  mili- 
tary, and  other  purposes,"  approved  July  1,  1862, 
and  an  act  amendatory  thereof,  approved  July  2, 
1864,  subject  to  a  certain  mortgage  made  by  the  Refers  to  previ- 
party  of  the  first  part,  on  the  sixteenth  day  of  mortgage  ipou 
April,  1867,  to   secure  the  land  grant  bonds  of ar 
said  company,  except  such  as  have  been  conveyed 
or  contracted  to  be  conveyed  by  said  party  of 
the  first  part  to  purchasers  thereof: 
8 


114 

fomTbondt  And  whereas,  there  are  now  outstanding  cer- 
tain income  bonds  of  the  party  of  the  first  part 
to  the  amount  of  ten  millions  of  dollars,  issued 
by  the  said  party  of  the  first  part  on  the  first 
day  of  September,  1869,  which  mature  in  the 
year  1874: 

And  whereas,  for  the  purpose  of  paying  said 

bonkdintotenis-    DOn(H  or  retiring  the  same  by  exchanging  the 

wbatpJJfpSe.  couPon  bonds  secured  by  this  indenture  therefor, 
and  for  the  purpose  of  raising  money  to  meet 
other  obligations  of  said  party  of  the  first  part, 
said  party  of  the  first  part  has  determined  to 
issue  coupon  bonds,  amounting  in  the  aggregate 
to  sixteen  millions  of  dollars  in  gold  coin  of  the 
United  States,  or  three  millions  two  hundred 
thousand  pounds  British  sterling  money,  and  to 
secure  the  same  by  this  mortgage  upon  the  land, 
land  grants,  railroad,  and  appurtenances  and 
property  of  said  party  of  the  first  part : 

Now,  therefore,  this  indenture  witnesseth,  That 
for  the  purpose  of  securing  the  payment  of  the 
principal  and  interest  of  the  coupon  bonds  of 
said  company,  amounting  to  the  sum  of  sixteen 

Am'tofsink-   millions  of  dollars  in  gold   coin  of  the  United 

ing  fund  bonds  0  ..  .     .      °  1  .  .. 

to  be  issued,     btates,  or  three  millions  two  hundred  thousand 

rate  of  interest,  -i         t-»    •;•   i  t  -t 

and  when  ami  pounds    .British    sterling    money,    said    coupon 

where  payable. 

bonds  being  in  number  sixteen  thousand,  and 
for  the  sum  of  one  thousand  dollars  gold  coin 
of  the  United  States,  or  two  hundred  pounds 
British  sterling  money,  each  being  numbered 
from  one  to  sixteen  thousand,  inclusive,  the  prin- 
cipal thereof  being  payable  on  the  first  day 
of  September,  1893,  in  gold  coin,  unless  sooner 
redeemed  under  the  sinking-fund  clause  herein- 
after contained,  at  the  office  of  the  company, 
with  interest  at  the  rate  of  eight  per  cent,  per 
annum,  current  money  of  the  United  States  (or 
seven  per  cent,  per  annum  British  sterling  money, 
at  the  option  of  the  holder),  said  interest  being 


115 

payable  on  the  first  day  of  March  and  the  first 
day  of  September  in  each  year,  at  the  office  of 
said  company,  and  at  the  banking  house  of  Mor- 
ton, Rose  &  Co.,  London,  England,  according  to 
the  tenor  of  the  interest  coupons  hereunto  an- 
nexed ;  and  each  of  said  coupon  bonds  shall  be 
certified  by  the  said  party  of  the  second  part  to 
be  of  the  issue  intended  to  be  secured  by  this 
mortgage.  And  for  the  further  purpose  of  secur- 
ing the  performance  of  the  covenants  hereinafter 
contained,  the  Union  Pacific  Railroad  Company,  union  Trust 
said  party  of  the  first  part,  hath  granted,  bar-NewPYork°to 
gained,  sold,  released,  conveyed,  and  confirmed, 
and  by  these  presents  doth  grant,  bargain,  sell, 
release,  convey,  and  confirm  unto  the  Union 
Trust  Company  of  New  York,  and  its  successor 
as  trustee,  for  whomsoever  may  from  time  to 
time  be  the  holder  of  said  coupon  bonds  hereby 
intended  to  be  secured,  all  the  right,  title,  estate, 
and  interest  of  the  said  party  of  the  first  part, 
of,  in,  and  to  the  railroad  hereinbefore  mentioned 
and  its  appurtenances,  together  with  all  its  lands, 
tenements,  hereditaments,  rights  of  way,  and  ease- 
ments, acquired  or  owned,  or  which  shall  be  here- 
after acquired  or  owned,  for  the  purpose  of  a 
right  of  way  for  a  single,  double,  or  other  track 
railroad,  and  for  depots,  engine-houses,  car-houses, 
station-houses,  warehouses,  machine-shops,  super-  what  0  t 
structures,  erections,  fixtures,  and  appurtenances  ^fs0morrtga^e 
and  property,  necessary  or  convenient  for  the  use 
of  said  railroad ;  also  all  the  rails,  depots,  yards,  en- 
gine-houses, car-houses,  warehouses,  round-houses, 
machine-shops,  work-shops,  and  other  structures 
and  fixtures  of  the  said  party  of  the  first  part, 
and  also  all  goods  and  chattels  now  owned  or 
which  shall  hereafter  be  owned  or  acquired  by 
said  party  of  the  first  part,  necessary  or  conven- 
ient to  said  railroad,  or  the  running  and  opera- 
tion of  the  same,  or  used  or  employed  therein,  or 


116 

in  connection  therewith;  subject,  however,  to 
said  conveyance  in  trust  and  mortgage  so  made 
to  the  said  Morgan  and  Ames,  and  also  to  the 
said  lien  or  mortgage  of  the  United  States  above 
referred  to ;  also  all  and  singular  the  lands  so 
as  aforesaid  granted  to  said  party  of  the  first 
part  by  the  said  acts  of  congress,  and  also  all  the 
estate,  right,  title,  interest,  claim,  and  demand 
whatsoever,  at  law  or  in  equity,  of,  in,  or  to  the 
same,  or  any  part  or  parcel  thereof,  which  the 
said  party  of  the  first  part  now  has,  holds,  owns, 
or  is  entitled  to,  or  hereafter  may  or  shall  ac- 
quire, have,  hold,  own,  or  be  or  become  entitled 
to  by  force  or  virtue  of  said  acts  of  congress, 
saving  and  excepting  all  parts  and  parcels  of  said 
lands  which  shall  have  been,  previous  to  the  ex- 
ecution of  this  mortgage,  conveyed  or  contracted 
to  be  conveyed  by  said  party  of  the  first  part  to 
purchasers  thereof. 

To  have  and  to  hold  all  and  singular  the  prem- 
property        ises  hereby  granted,  with  the  appurtenances,  and 
mmetgeadge"heidS  the  goods  and  chattels    hereinbefore    bargained 
to  condiSect  and  sold,  and  all  the  lands   hereby  granted  or 
fSiteisnmade.   intended  to  be  granted,  and  each  and  every  part 
and  parcel  thereof,  with  the  appurtenances  there- 
unto belonging,  unto  the  said  party  of  the  sec- 
ond part,  and  its  successors,  as  trustees,  as  afore- 
said, for  the  uses   and   purposes,  and  upon  the 
trusts,  terms,  conditions,  and  agreements  in  this 
indenture  set  forth  and  declared. 

Provided,  always,  and  these  presents  are  upon 
this  express  condition,  That  if  the  party  of  the 
first  part  shall  well  and  truly  pay  to  the  holders 
of  the  bonds  to  be  issued  as  hereinbefore  stated, 
or  of  such  of  the  said  bonds  as  shall  from  time 
to  time  be  outstanding  and  unpaid,  and  every 
of  them,  the  principal  and  interest  moneys  to 
grow  due  on  said  bonds  respectively,  at  the  times 
and  in  the  manner  mentioned  in  the  said  bonds, 


117 

according  to  the  true  intent  and  meaning  of  the 
same: 

And  provided  also,  That  if  the  said  party  of 
the  first  part  shall  well  and  truly  pay  to  the  said 
party  of  the  second  part,  or  its  successors,  the 
sum  of  money  hereinafter  agreed  to  be  paid  an- 
nually, to  be  applied  to  the  purchase  and  cancel- 
lation of  the  debt  hereby  created : 

And  provided  also,  That  if  the  said  party  of 
the  first  part  shall  keep  and  perform  all  the  cov- 
enants on  its  part  herein  contained,  and  shall, 
until  the  full  payment  of  the  principal  and  inter- 
est of  the  bonds  hereby  secured,  and  whenever 
required  by  said  trustee,  keep  paid  off  and  dis- 
charged all  taxes  and  assessments  which  may  at 
any  time  be  imposed  upon  the  real  or  personal 
estate  hereby  granted,  bargained,  and  sold,  or 
intended  so  to  be,  or  upon  any  portion  of  either, 
and  all  specific  or  general  liens  upon  any  of  the 
property,  real  or  personal,  of  the  said  party  of 
the  first  part,  the  payment  whereof  may  be  ma- 
terial, necessary,  or  essential  to  the  protection  of 
the  security  hereby  created  : 

And  provided  also,  That  if  the  said  party  of 
the  first  part  shall  at  all  times,  until  all  prior 
mortgages  shall  have  been  extinguished  by  the 
payment  of  the  bonds  thereby  secured,  or  until  the 
bonds  hereby  secured  shall  have  been  fully  paid, 
keep  paid  off  and  discharged  any  and  all  interest 
which  shall  become  due  and  payable  upon  the 
bonds  secured  by  such  prior  mortgages,  and  per- 
form each  and  every  covenant  and  agreement  in 
this  indenture  contained,  on  its  part,  to  be  perform- 
ed at  the  time  and  in  the  manner  herein  stated : 

Then  and  from  thenceforth  these  presents,  and 
the  estate  hereby  granted,  shall  cease,  determine, 
and  be  null  and  void.  SSSSKSi 

But  in  case  default  should  be  made- in  the  pay- £Snt£? {!?&- 
ment  of  the  principal  or  interest  of  said  bonds  ^alorinter" 


118 

hereby  secured,  or  such  of  them  as  may  from 
time  to  time  be  outstanding,  or  any  of  them,  or 
any  part  of  either,  as  said  principal  or  interest 
shall  fall  due,  according  to  the  tenor  of  said 
bonds ;  or  in  case  the  party  of  the  first  part  shall 
fail  to  keep  paid  off  and  discharged  the  taxes 
and  assessments  which  may  be  imposed  upon  the 
mortgaged  premises  or  property,  or  any  part 
thereof,  as  hereinbefore  provided,  or  any  specific 
or  general  liens  on  said  premises  or  property,  the 
payment  whereof  may  be  material,  necessary,  or 
essential  to  the  protection  of  the  security  hereby 
created;  or  in  case  the  party  of  the  first  part 
shall  fail  to  keep  paid  off  and  discharged  the  in- 
terest to  accrue  from  time  to  time  upon  the  bonds 
secured  by  the  prior  mortgages  upon  said  rail- 
road, or  such  of  them  as  shall  from  time  to  time 
remain  outstanding ;  or  in  case  the  party  of  the 
first  part  shall  make  default  in  the  performance 
of  any  of  the  covenants  on  its  part  herein  con- 
tained,— then,  and  in  either  of  the  cases  above 
mentioned,  the  conveyance  herein  contained  shall 
be  in  full  force  and  virtue,  and  it  shall  be  lawful 
for  the  party  of  the  second  part,  or  its  successors, 
and  the  party  of  the  first  part  doth  hereby  fully 
authorize  and  empower  them,  with  the  aid  and 
assistance  of  any  person  or  persons,  to  enter  into 
and  upon  and  take  possession  of  the  said  railroad 
and  the  branches  thereof,  and  all  and  singular 
the  lands,  tenements,  car-  and  engine-houses,  ma- 
chine-shops, goods  and  chattels,  and  property, 
real  and  personal,  hereby  mortgaged,  and  every 
or  any  part  thereof,  and  to  hold  the  same  as 
mortgagees  in  possession  for  the  benefit  of  the 
holders  of  the  bonds  hereby  secured,  subject, 
however,  to  the  rights  secured  by  said  prior 
mortgages  or  liens,  and  to  retain  and  keep  pos- 
session of  said  property,  real  and  personal,  use 
and  operate  the  same,  and  to  make  from  time  to 


119 

time  all  necessary  or  proper  repairs  and  replace- 
ments, and  to  receive  the  earnings,  rents,  issues, 
and  profits  thereof,  until  a  sale  thereof  shall  be 
made  pursuant  to  law,  rendering  an  account 
thereof  to  the  party  of  the  first  part ;  and  after 
paying  all  current  expenses,  and  the  expenses  of 
necessary  repairs  and  replacements,  and  all  proper 
costs,  charges,  and  expenses,  taxes,  assessments, 
interest  on  prior  mortgages,  and  making  all  other 
payments  necessary  for  the  protection  of  the 
security  hereby  created,  as  hereinbefore  provided, 
to  apply  the  surplus,  if  any,  to  the  payment,  pro 
rata,  of  the  interest  and  principal  of  the  bonds 
hereby  secured,  or  such  of  them  as  may  be  then 
outstanding. 

And  in  case  default  shall  be  made  in  the  pay-  provisions  in 
ment  of  the  interest  as  it  falls  due  upon  the  said  madedienapay-is 
bonds  hereby  secured,  or  any  of  them,  or  in  the  ™stnt  of  mter" 
payment  of  the  principal  thereof,  or  of  any  of 
them,  when  due,  or  in  making  any  of  the  pay- 
ments of  taxes,  assessments,  principal  or  interest 
of  prior  incumbrances,  or  any  of  the  payments 
herein  agreed  to  be  made  by  the  party  of  the 
first  part,  or  in  the  performance  of  any  of  the 
covenants,  provisions,  or  conditions  herein  con- 
tained, the  said  party  of  the  second  part  to  these 
presents,  or  its  successors,  is  hereby  authorized 
and  empowered  to  grant,  bargain,  and  sell  the 
property  and  premises  hereby  mortgaged,  and  all 
the  right,  title,  interest,  and  equity  of  redemption 
of  the  said  party  of  the  first  part  therein,  at 
public  auction  in  the  city  of  New  York,  after 
having  first  advertised  the  time  and  place  of  said 
sale  three  times  in  each  week  for  three  successive 
weeks  prior  to  said  sale,  in  one  or  more  of  the 
newspapers  published  in  the  cities  of  New  York, 
Boston,  and  Omaha;  and  as  the  attorneys  of  the 
said  party  of  the  first  part  by  these  presents  duly 
constituted  and  appointed,  to  make,  execute,  seal, 


120 

and  deliver  to  the  purchaser  or  purchasers  there- 
of a  good  and  sufficient  deed  or  deeds,  bill  or 
bills  of  sale,  conveyance  or  conveyances  in  fee 
simple  for  the  same,  and  out  of  the  moneys  aris- 
ing from  such  sale  after  paying  the  expenses  of 
such  sale,  and  all  moneys  expended  on  necessary 
repairs  or  replacements  or  necessary  expenses,  to 
pay  to  the  several  holders  of  the  bonds  and  cou- 
pons hereby  secured,  the  amount  of  principal 
and  interest  which  may  be  due  or  unpaid  to  them 
respectively,  whether  the  same  shall  have  matur- 
ed or  otherwise,  rendering  the  overplus,  if  any, 
to  the  party  of  the  first  part,  its  successors  or 
assigns;  which  sale  so  made  shall  forever  be  a 
perpetual  bar,  both  at  law  and  in  equity,  against 
the  said  party  of  the  first  part,  its  successors  and 
assigns,  and  all  other  persons  claiming  or  to 
claim  the  premises  so  sold,  or  any  part  thereof, 
by,  from,  or  under  the  said  party  of  the  first 
part,  its  successors  or  assigns. 

And  this  indenture  further  witnesseth,  That  it 
a  sinking  fund  is  hereby  covenanted  and  agreed  that  the  said 
commencing^'  party  of  the  first  part,  in  addition  to  paying  the 
with  sept.  i,  jnterest  as  ^  accrUes  upon  such  of  the  said  six- 
teen millions  of  dollars  of  bonds  hereby  secured 
as  shall  from  time  to  time  be  issued  and  remain 
outstanding  and  unpaid,  shall  pay  to  said  party 
of  the  second  part  or  its  successors,  as  a  sinking 
fund  for  the  gradual  redemption  of  the  bonds 
hereby  intended  to  be  secured,  a  sum  equal  to 
one  per  cent,  per  annum  on  the  amount  of  bonds 
actually  issued  and  outstanding  under  this  mort- 
gage, on  the  first  day  of  September  of  each  year, 
beginning  with  the  year  1875,  until  the  principal 
sum  of  this  mortgage  shall  become  due — and  the 
sum  so  paid  shall  constitute  the  said  sinking  fund, 
which  shall  be  applied  each  year  by  annual  draw- 
ing to  the  purchase  and  redemption  of  the  said 
bonds,  so  drawn  as  hereinafter  mentioned. 


121 

The  bonds  to  be  redeemed,  in  each  year,  shall 
be  drawn  by  lot  by  the  said  trustee  or  its  succes-  Bonds  to  be  re- 
sor,  or  by  some  person  duly  authorized  by  it,  insinkTngfund;6 
the  month  of  July  of  each  year,  beginning  in  the  and^oticeto 
month  of  July,  1875,  at  the  office  of  the  compa-  eglven 
ny,  in  the  presence  of  the  president  or  vice-pres- 
ident of  said  company,  and  of  a  notary  public. 
Notice  of  said  drawing  shall  be  announced  thirty 
days  prior  to  the  day  the  same  shall  take  place, 
in  the  city  of  London  and  in  the  city  of  New 
York  and  in  the  city  of  Boston,  in  some  newspa- 
per published  in  said  cities,  respectively,  and  of 
general  circulation  therein.     Notice  of  the  num- 
bers so  drawn  shall  be  posted  by  the  trustee  for 
the  time  being  at  the  office  of  the  company,  and 
at  the  office  of  Morton,  Rose  &  Co.,  in  the  city 
of  London,  or  their  satisfactory  successors,  and 
shall  also  be  advertised  by  said  trustee  and  Mor- 
ton, Rose   &   Co.,  in    one    or   more   newspapers, 
published  in  each  of  the  cities  of  Boston,  New 
York,  and   London,  and   of  general   circulation 
therein.    On  the  first  day  of  September  following  Holders  of 
said  drawing,  the  bonds  so  drawn  shall  be  paid,  ?o  notifJatr?s- 
by  the  trustee  for  the  time  being,  to  such  of  the  SecSon'T1* 


to 


holders  thereof  as  may  have  in  writing  notified  bon^redeem- 
the  trustee,  on  or  before  that  day,  of  their  elec-saVd^6™86 


cease  to  be  en- 

80 


tion  to  have  their  said  bonds  so  redeemed  or  Slid  to  be 
paid,  that  is  to  say,  at  the  rate  of  one  thousand redeemed' 
dollars,  in  current  money  of  the  United  States,  in 
the  city  of  New  York,  or  two  hundred  pounds  in 
British  sterling  money,  in  the  city  of  London, 
for  each  bond,  on  delivery  thereof,  with  its  un- 
matured coupons,  to  the  said  trustee,  or  the  said 
Morton,  Rose  &  Co.,  or  their  satisfactory  succes- 
sors. And  in  case  the  holders  of  such  bonds,  so 
drawn  as  aforesaid,  or  any  of  them,  shall  fail  to 
give  notice  in  writing  to  said  trustee,  or  its  suc- 
cessor, of  their  election  to  have  their  said  bonds 
thus  paid  and  redeemed  as  aforesaid,  then  and 


122 

forever  thereafter  such  bonds  shall  cease  to  be 
entitled  to  be  purchased  and  redeemed  by  means 
of  said  sinking  fund  as  aforesaid,  and  said  sink- 
ing fund  shall  be  proportionally  reduced. 

And  it  is  further  mutually  agreed,  That  such 
sinking  funds  sinking  fund  money  shall  not,  nor  shall  any  part 

cannot  be  used   , -,  S;  , .       v  -.        7  .  J    *■ 

for  any  other  tnereoi,  at  any  time  or  under  any  circumstances, 
be  withdrawn,  or  used  or  appropriated  for  any 
other  purpose  whatsoever  than  the  purpose  here- 
inbefore declared,  until  the  whole  of  the  debt 
intended  to  be  secured  by  this  mortgage  shall 
have  been  paid  or  purchased  by  the  said  parties 
of  the  second  part,  or  its  successor,  under  and  in 
pursuance  of  the  provisions  hereof;  and  further, 
that  if,  by  reason  of  the  failure  of  parties  whose 
bonds  shall  be  drawn  as  aforesaid,  to  notify  their 
election  to  have  their  said  bonds  so  redeemed  or 
paid  in  manner  as  aforesaid,  any  portion  of  said 
sinking  fund  shall  remain  in  the  hands  of  the 
party  of  the  second  part,  the  same  shall  be  by 
them  forthwith  invested  in  said  sinking  fund 
bonds  of  this  company,  at  not  over  par  and  ac- 
crued interest,  by  advertising  for  sealed  proposals 
and  accepting  the  lowest  offer,  all  such  bonds  to 
be  cancelled  by  said  trustee  and  returned  to  said 
company,  and  said  sinking  fund  to  be  reduced 
accordingly. 
Bonds  redeem-  And  it  is  further  agreed,  That  all  bonds  pur- 
fund7  toV  cL-  chased  with  said  sinking  fund  money  shall  be 
ceiied.j  forthwith  cancelled  by  the  said  trustee,  or  its  suc- 
cessors, and  when  so  cancelled,  be  delivered  over 
to  the  said  party  of  the  first  part. 

And  it  is  further  covenanted  and  agreed,  That 
eleven  millions  one  hundred  and  eleven  thousand 
one  hundred  and  eleven  dollars  of  the  bonds 
specified  hereby  intended  to  be  secured,  shall  be  reserved, 
bondTreserved  to  be  used  at  the  times  and  in  the  manner  de- 
ed forefnCchomf  termined  by  the  vote  of  the  directors  of  the  cor- 
bonds.  poration,  in  exchange  for,  or  the  proceeds  thereof 


123 

to  be  used  for  the  purchase  or  payment  of,  the 
bonds  known  as  the  ten  per  cent,  income  bonds 
of  the  party  of  the  first  part ;  and  the  said  bonds, 
so  reserved  as  aforesaid,  or  the  proceeds  thereof, 
or  any  part  thereof,  shall  not,  at  any  time  or  un- 
der any  circumstances,  be  applied  or  appropriated 
to  any  other  purpose  than  that  hereinbefore  de- 
clared, until  the  same  shall  have  been  fully  re- 
deemed and  paid. 

And  it  is  further  covenanted  and  agreed,  That 
the  coupon  bonds  hereby  intended  to  be  secured  sinking  fund 
may,  at  the  option  of  the  holders  thereof,  be  con- registered! 
verted  into  or  exchanged  for  a  like  amount  of 
registered  bonds,  to  be  issued  by  the  said  party 
of  the  first  part,  bearing  interest  at  the  rate  of 
eight  per  cent,  per  annum  in  currency  of  the 
United  States;  but  said  registered  bonds  shall 
not  be  entitled  to  share  in  the  application  of  the 
sinking  fund  hereinbefore  provided  for  the  re- 
demption or  payment  of  the  coupon  bonds  secur- 
ed by  this  instrument. 

And  it  is  hereby  further  agreed,  by  and  be- 
tween the  parties  to  these  presents,  That  this 
indenture  is  made,  executed,  and  delivered,  whol- 
ly and  absolutely  subject  to  any  and  all  the  pro- 
visions of  the  land  grant  mortgage  heretofore 
made  by  the  party  of  the  first  part  to  Cyrus  H.  Tins  mortgage 
McCormick  of  the  city  of  New  York,  and  Jolm  protons  of 
Duff  of  the  city  of  Boston,  as  trustees,  said  land mortg°gegran 
grant  mortgage  being  made  and  dated  on  the 
sixteenth  day  of  April,  A.  D.  1867;  and  until  the 
bonds  secured  by  said  mortgage  and  each  thereof 
shall  be  fully  paid  and  satisfied,  each  and  every 
provision  thereof,  in  respect  to  the  sale  of  said 
lands  and  the  disposition  of  the  proceeds  thereof, 
shall  be  operative  and  effectual  in  like  manner  as 
if  this  instrument  had  not  been  made,  and  the 
lands  granted  by  the  said  instrument  shall  be  ap- 
praised, sold,  and  conveyed  as  therein  at  length 


124 

set  forth,  and  the  conveyance  thereof  to  the  pur- 
chasers as  therein  directed  and  described  shall 
vest  in  such  purchaser  or  purchasers  a  perfect 
title  in  fee,  free  and  divested  of  any  claim,  lien, 
or  incumbrance  whatever,  and  especially  of  the 
lien  and  incumbrance  of  these  presents,  in  like 
manner  as  if  this  indenture  had  not  been  made ; 
and  the  proceeds  of  the  sales  of  said  lands  so  con- 
veyed to  said  Cyrus  H.  McCormick  and  John 
Duff,  as  aforesaid,  shall  be  held,  kept,  and  dispos- 
ed of  as  in  said  land  grant  mortgage  directed 
and  required,  and  faithfully  applied  to  the  pay- 
ment and  redemption  of  the  bonds  thereby 
secured. 

And  when  said  bonds,  so  secured  or  intended 

g/ant  SSgage  *°  De  secured  by  said  land  grant  mortgage,  shall 

proceeSdsedof     nave   keen   ^u^y    Pa^    an^    satisfied,   then    and 

toS apii£d8to thenceforth  all  the  proceeds  of  the  sales  of  said 

ofrinkSgSSnS  lands  shall  De  applied  to  the  payment  and  redemp- 

bonds.  tion  of  the  bonds  hereby  intended  to  be  secured, 

in  the  same  manner  as  is  provided  in  said  land 

grant  mortgage  for  the  payment  and  redemption 

of  the  bonds  thereby  intended  to  be  secured. 

And  it  is  hereby  further  agreed,  That  when  and 

after  said  land  grant  bonds,  and  all  thereof,  shall 

have  been  paid  and  satisfied  in   full,   then    and 

grant  bonds     thereafter  the  trustee  herein  named,  or  its  suc- 

trustee  named  cessor,  shall  become  entitled  to  the  control,  care, 

moSrTgagf  enti-  and  custody  of  the  residue  of  said  granted  lands 

tied  to  custody   .,  r    .  ,  -.  n  -..        °      ,       n   .       ,., 

of  residue  of    then  remaining  unsold  and  undisposed  or,  m  like 

lands  • 

manner  as  are  now  the  trustees  under  said  land 
grant  mortgage,  and  the  same  shall  be  appraised 
and  sold  in  like  manner  as  now  provided  by  said 
land  grant  mortgage,  and  the  proceeds  thereof 
paid  over  to  said  trustee,  or  its  successor,  to  be 
applied  in  redemption  of  the  coupon  bonds  here- 
by secured,  in  like  manner  as  land  grant  bonds 
are  now  redeemed  by  the  trustees  under  said 
land   grant  mortgage ;   and  the  conveyance  by 


125 

said  party  of  the  first  part,  and  the  said  trustees, 
or  their  successors,  of  the  residue  of  granted 
lands,  after  all  land  grant  bonds  now  outstanding 
and  unpaid  shall  have  been  paid  or  redeemed, 
shall  vest  in  the  purchaser  or  purchasers  a  per- 
fect title  in  fee,  free  and  divested  of  all  liens  or 
incumbrances  whatsoever. 

And  it  has  been  further  agreed,  That  if,  at  any 
time   hereafter,  the  said  party  of  the  first  part 
should  desire  to  have  any  portion  of  the  proper- station  proper- 
ty, now   or   hereafter  used  for  depot  or  station  dismortgage 
purposes  and  included  in  this  mortgage,  released  b^th^aabstitu^ 
from  the  operation  hereof,  and   other   property  {{gj property, 
equally  available  for  depot  or  station  purposes,  as 
the  case  may  be,  substituted  in  lieu  thereof  as 
part  of  the  mortgage  security,  the  said  party  of 
the  second  part,  or  its  successor,  shall  release  the 
same  from  the  operation  of  this  mortgage,  and 
receive  such  substituted  depot  or  station  property 
in  lieu  thereof;  but  such  substitution  shall  not  be 
made  unless,  in  the  opinion  of  the  said  party  of 
the  second  part,  or  their  successors,  such  substi- 
tuted depot  or  station  property  is  equally  availa- 
ble for  depot  or  station  purposes,  as  the  case  may 
be,  as  the  premises  so  released. 

And  it  has  been  further  agreed,  That  in  case  of 
the  insolvency,  resignation,  or  incapacity  from 
any  cause,  of  said  trustee,  or  its  successor,  then  a  successor  to 
and  in  that  case  it  shall  be  the  duty  of  the  sec-  Proviedeed!ow 
retary  of  the  company  to  call  a  meeting  of  the 
bondholders,  by  printed  notice,  published  in  one 
of  the  public  newspapers  in  each  of  the  cities  of 
New  York  and  Boston,  calling  such  meeting  of 
the  bondholders,  to  be  held  at  the  office  of  the 
company,  to  be  designated  in  said  notice,  not  less 
than  thirty  days  after  the  first  publication  of  said  Notice  to  be 

•  .  {riven, 

notice,  for  the  purpose  of  filling  such  vacancy. 

At  the  time  and  place  specified  in  such  notice, 
the  holders  of  said  bonds,  at  such  meeting,  shall 


126 
Majority  of     proceed  to  elect  a  suitable  person  to  act  as  such 

bondholders  to?  ,  •       n^^         •  i  i  ..... 

elect.  trustee  to  till  said  vacancy ;  and  a  majority  in  in- 

terest of  said  bondholders  so  attending  said  meet- 
ing, or  legally  represented  thereat,  shall  be  com- 
petent to  elect  a  new  trustee,  and  the  person  or 
corporation  so  elected  shall,  immediately  on  such 
election,  and  on  acceptance  in  writing  of  such 
trust,  become  vested  with  all  the  estate,  trust, 
rights,  powers,  and  duties  of  the  trustee  in  whose 
place  he  shall  have  been  elected. 

And  in  case  of  such  election  as  aforesaid,  said 
Trustee  to  de-  trustee  herein  named  shall  make,  execute,  and 
sareyrinstru-e    deliver  such  other  or  further  instruments,  deeds, 

meiits  to  his  -.        ,  i  » 

or  its  successor,  indentures,  or  assurances  as  may  be  necessary  to 
enable  the  person  or  corporation  so  appointed  or 
elected  to  execute  the  trusts  hereby  created  and 
declared,  as  fully  and  perfectly  in  all  respects  as 
he  or  they  could  have  executed  the  same  if  orig- 
inally made  a  party  or  parties  of  the  second  part 
to  this  indenture. 

And  it  has  been  further  agreed,  by  and  between 
?ohco™?rcS?eec-^ne  Parties  to  these  presents,  That  if  at  any  time 
el°ofiinechang"^ne  sa*^  Party  °f  the  first  part  shall  change  the 
line  of  its  roadway,  or  change  any  station,  or  re- 
move any  establishment  connected  with  the  busi- 
ness of  the  company,  or  shall  cease  to  use  for  the 
purposes  of  the  railroad  company  in  operating 
its  railroad  any  land  now  owned  or  used  by  it, 
such  roadway,  site,  or  land  so  abandoned  shall 
not  be  deemed  to  have  been  covered  by  this 
mortgage  •  but  this  mortgage  shall  be  deemed  to 
apply  to  and  cover  any  roadway,  site,  or  land 
which  shall  be  substituted  therefor. 

And  the  said  party  of  the  first  part,  for  itself 
ah  further  anc^  *ts  successors,  further  covenants  with  the 
necessary  con-  party  of  the  second  part  and  its  successors,  That 

veyances  to  be    r         «/  ir  m  ' 

made  by  party  the  party  of  the  first  part  will,  at  the  reasonable 

ol  first  part  on  J-  J  Lr  ' 

^asonahie^re-  request  of  the  said  party  of  the  second  part  or 
of  second  part,  its  successors,  make  and  execute  all  further  as- 


127 


surances,  conveyances,  and   instruments  needful 
or  proper  to  assure  or  convey  unto   it   all   the 
premises,  property,  and  fixtures  hereby  intended 
to  be  mortgaged,  and  all  premises,  property,  fix- 
tures, and  appurtenances  which  may  hereafter  be 
acquired  by  the  party  of  the  first  part,  and  may 
appertain  to  said  railroad  or  its  branches,  so  that 
said   party  of  the   second   part   may  hold   such 
hereafter  acquired  property  in  the  same  manner 
as  if  it  had  belonged  to  the  party  of  the  first 
part  at  the  time  of  the  execution  of  this  mort- 
gage, and  had  been  herein  specifically  described. 
In  witness  whereof  the  said  party  of  the  first 
part  has  caused  its  corporate  seal  to  be 
affixed  hereto,  and  these  presents  to  be 
subscribed  by  its  president  and  secreta- 
ry.    And  the  said  party  of  the  second 
part,  in  witness  of  their  acceptance  of 
the   conveyance    and  trust  herein  con- 
ferred, hath  caused  its  corporate  seal  to 
be  hereunto  attached   by  order  of  its 
board  of  directors,  and  the  signatures 
of  its   president   and    secretary   to   be 
hereto    subscribed,   the   day   and   year 
first  above  written. 

The  Union  Pacific  Railroad  Company, 
[Cospea[ate]  By  John  Duff,  Vice-President. 

Attest — E.  H.  Rollins,  Secretary. 

Union  Trust  Company  of  New  York, 
[Cosea[ate]  By  Edward  King,  President. 

Attest — Jas.  H.  Ogilvie,  Secretary r,  p.  I 
Signed  and  sealed  in  presence  of 

John  Barker, 
A.  J.  Poppleton. 


128 


State  of  New  York, 
City  and  County  of  New  York. 

Be  it  remembered,  That  on  this  7th  day  of 
January,  A.  D.  1874,  before  me,  Charles  Nettleton, 
a  commissioner  for  the  state  of  Nebraska,  in  and 
for  the  state  of  New  York,  duly  appointed,  com- 
missioned, and  qualified,  personally  appeared 
John  Duff,  vice-president  and  acting  president  of 
the  Union  Pacific  Kailroad  Company,  and  E.  H. 
Rollins,  secretary  of  the  same  company,  to  me 
respectively  personally  known,  who,  being  by  me 
severally  duly  sworn,  did  depose  and  say, — That 
he,  the  said  John  Duff,  was  the  vice-president  and 
acting  president,  and  he,  the  said  E.  H.  Rollins, 
was  the  secretary,  of  the  Union  Pacific  Railroad 
Company  ;  that  they  each  knew  the  corporate 
seal  of  said  company ;  that  the  seal  affixed  to  the 
foregoing  indenture  of  trust  or  mortgage  was 
such  corporate  seal ;  that  the  said  corporate  seal 
was  so  affixed  by  order  of  the  board  of  directors 
of  said  company,  and  that  the  said  John  Duff,  as 
such  vice-president  and  acting  president,  subscrib- 
ed the  said  indenture,  and  the  said  E.  H.  Rollins, 
as  such  secretary  aforesaid,  attested  the  same  by 
subscribing  his  name  thereto,  by  the  like  order 
and  authority.  And  they,  the  said  John  Duff 
and  E.  H.  Rollins,  acknowledged  that  they  execu- 
ted the  said  indenture  in  manner  aforesaid,  as  the 
act  and  deed  of  the  said  Union  Pacific  Railroad 
Company,  for  the  uses  and  purposes  therein  set 
forth. 

And  be  it  further  remembered,  That  on  the 
same  day  also  personally  appeared  before  me,  as 
such  commissioner,  Edward  King,  president  of 
the  Union  Trust  Company  of  New  York,  and 
James  H.  Ogilvie,  the  secretary  pro  tern,  thereof, 
to  me  respectively  personally  known,  who,  being 
by  me  severally  duly  swTorn,  did  depose  and  say, — 
That  the  said  Edward  King  was  president,  and 


129 


he,  the  said  James  H.  Ogilvie,  was  the  secretary 
pro  tern.,  of  the  said  Union  Trust  Company  of 
New  York;  that  they  each  knew  the  corporate 
seal  of  the  said  company ;  that  the  seal  affixed 
to  the  foregoing  indenture  of  trust  or  mortgage 

O  CT  (DO 

was  such  corporate  seal ;  that  said  corporate  seal 
was  so  affixed  by  order  of  the  board  of  directors 
of  said  company ;  that  the  said  Edward  King,  as 
such  president  as  aforesaid,  subscribed  the  said 
indenture,  and  the  said  James  H.  Ogilvie,  as  such 
secretary  pro  tern.,  attested  the  same  by  subscrib- 
ing his  name  thereto,  by  the  like  order  and  au- 
thority; and  that  they,  the  said  Edward  King, 
president,  and  James  H.  Ogilvie,  secretary  pro  tern., 
acknowledged  to  me  that  they  executed  the  said 
indenture  in  manner  aforesaid,  as  the  act  and 
deed  of.  said  Union  Trust  Company  of  New  York, 
for  the  uses  and  purposes  therein  set  forth. 

In  witness  whereof,  I  have  hereto  set  my 
hand    and   affixed  my  official  seal  the 
day  and  year  above  written. 
[Ctimiieaioner's]  Charles  Nettleton, 

Commissioner  for  Nebraska  in  New  York. 
[Similar  certificates  follow  for  the  territories 
of  Colorado,  Wyoming,  and  Utah.] 


INDEX. 


PAGE. 

Act  of  July  1,  1862,  Original  Charter  of  Company, 1 

Act  of  July  12, 1862,  Providing  for  first  meeting  of  Commissioners, 24 

Act  of  March  3,  1863,  fixing  gauge  of  road,  note  to 16 

Act  of  July  2, 1864,  amendatory  of  act  of  July  1,  1862, 25 

Act  of  March  3,  1865,  amendatory  of  act  of  July  2, 1864, 47 

Act  of  July  3, 1866,  amendatory  of  act  of  July  2, 1864, 48 

Act  of  June  12, 1866,  to  amend  postal  laws, 50 

Act  of  June  15, 1S66,  to  facilitate  commerce,  &c, 51 

Act  of  June  25,  1868,  relative  to  filing  reports,  &c,  note  to 23 

Act  of  July  27, 1S6S,  authorizing  removal  of  suits  from  state  to  U.  S.  Courts,  note  to 38 

Act  of  March  3, 1S69,  authorizing  transfer  of  lands  granted  to  Union  Pacific  Railway  (East- 
ern Division),  &c,  note  to 59 

Act  of  May  6, 1870,  to  fix  junction,  &c,  note  to 49 

Act  of  July  1, 1870,  repealing  certain  laws  of  the  territory  of  Wyoming, 54 

Act  of  July  15, 1870,  limiting  appropriation,  &c,  note  to 46 

Act  of  Feb.  24,  1871,  authorizing  Bridge  Bonds,  note  to 33 

Act  of  March  3, 1871,  regulating  payment  for  services  rendered  government,  note  to 11 

Act  of  June  20, 1874,  amending  section  15,  of  act  of  July  2, 1864, 57 

Act  of  June  22,  1874,  providing  for  collection  of  moneys  due  United  States  from  Pacific 

Railroad  Companies, 60 

Amendments  to  an  Appropriation  Bill  for  year  ending  June  30, 1874,  requiring  Secretary  of 

Treasury  to  withhold  payments  for  government  transportation,  &c, 55 

Bankrupt  laws  not  to  apply  to  Union  Pacific  Eailroad  Company, 57 

By-Laws, 61 

Decisions  of  Interior  Department  affecting  land  grant,  note  to 7 

Eastern  terminus,  order  of  President  fixing,  note  to 18 

Income  Bonds,  authorization  of  by  Executive  Committee 94 

Income  Bonds,  Indenture  under  which  issued 95 

Income  Bonds,  copy  of  Income  Bond 97 

Joint  Resolution  of  Dec.  20, 1867,  changing  time  of  holding  annual  meeting,  &c,  note  to. . .  33 
Joint  Resolution  of  April  10, 1869,  providing  for  special  meeting  of  stockholders,  common 

terminus,  commission,  &c, 52 

Maps,  profiles,  &c,  to  be  furnished ,  &c,  note  to 30 

Mortgage,  first 66 

Mortgage,  Land  Grant, 81 

Mortgage,  Bridge 99 

Mortgage,  Bridge  (supplementary), 110 

Mortgage,  Sinking-fund, 112 


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